The New India Assurance Company ... vs Laxmi Devi @ Lachho Devi And Ors.
2015 Latest Caselaw 2941 Del

$~23

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                             Date of decision: 13th April, 2015

+        MAC.APP. 1281/2012

         THE NEW INDIA ASSURANCE COMPANY LTD.
                                                   ..... Appellant
                       Through: Mr. Vinod Trishal, Advocate

                            versus

         LAXMI DEVI @ LACHHO DEVI AND ORS.
                                                          ..... Respondents
                            Through:     Mr. Pramod Kumar, Advocate for
                                         Respondent no.1.

         CORAM:
         HON'BLE MR. JUSTICE G.P.MITTAL

G. P. MITTAL, J. (ORAL)

1. The appeal is for reduction of compensation of Rs.1,68,268/- awarded

by the Motor Accident Claims Tribunal (the Claims Tribunal) in

favour of Respondent no.1 for having suffered injuries in a motor

vehicular accident which occurred on 15.04.2009.

2. The compensation awarded by the Claims Tribunal under various

heads is extracted hereunder:

Sl. Compensation under various Awarded by the Heads Claims Tribunal No. (in Rs.)

1. Loss of Income 23,268/-

                    2.    Medical Expenses                                     15,000/-

                    3.    Special Diet                                         15,000/-

                    4.    Conveyance Charges                                   15,000/-

                    5.    Pain, Suffering, Inconvenience and             1,00,000/-
                          Frustration

                                                   TOTAL                 1,68,268/-

3. Respondent no.1 met with an accident while she was returning from

Maharishi Balmiki Hospital where she remained under treatment for

various ailments. After the accident, Respondent no.1 was treated by

the doctors of Meena Indra Hospital and Shiv Jivodya Janta Hospital

on 19.04.2009. The concerned Doctor of Meena Indra Hospital had

referred Respondent no.1 to Shiv Jivodya Janta Hospital. Respondent

no.1 was stated to have suffered fracture of right femur. She was

immobilised with 4 kg. weight initially for a period of two months.

On appreciation of evidence, the Claims Tribunal found that

Respondent no.1 could not join her work for a period of six months

and therefore, awarded a sum of Rs.23,268/-(Rs.3,878/- x 6) towards

loss of income from selling general merchant articles. She was further

awarded a compensation of Rs.15,000/- each towards expenditure on

treatment and Special diet and Conveyance charges. Respondent no.1

had placed on record Bills worth Rs.5,300/-. Considering the nature of

injuries, award of compensation of Rs.15,000/- towards expenditure

on treatment cannot be said to be unreasonable. Similarly, considering

the nature of injuries, compensation of Rs.15,000/- each towards

Special diet and Conveyance charges is also just and reasonable.

Taking into consideration the nature of injuries and the fracture of

right femur, the award of sum of Rs.1,00,000/- towards pain and

suffering, inconvenience and frustration also cannot be said to be

exorbitant and excessive.

4. The appeal therefore, has to fail; the same is accordingly dismissed.

5. Pending applications also stand disposed of.

6. The statutory amount, if any, deposited shall be released to the

Appellant Insurance Company.

(G.P. MITTAL) JUDGE APRIL 13, 2015 pst