Jagmohan Malhotra vs Adesh Kumar & Ors.
2015 Latest Caselaw 4066 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           Decided on: 20th May, 2015
+       MAC.APP. 496/2013
        JAGMOHAN MALHOTRA
                                                   ..... Appellant
                             Through:   Mr.O.P. Mannie, Advocate with
                                        Mr. Manish Maini, Advocate

                    versus


        ADESH KUMAR & ORS.
                                                    ..... Respondents
                             Through:   Mr. Sameer Nandwani,
                                        Advocate for Respondent no.3.

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

                             JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The appeal is directed against the judgment dated 28.01.2013

passed by the Motor Accident Claims Tribunal (the Claims

Tribunal) whereby a compensation of Rs.89,902/- was awarded

in favour of the Appellant for having suffered grievous injuries

in a motor vehicular accident which occurred on 18.09.2010.

2. It is urged by the learned counsel for the Appellant that the

Appellant was not compensated for the loss of 64 days leave

which he had to take to recover from the injuries. It is also

urged that the compensation awarded towards pain and

suffering is on the lower side.

3. On the other hand, the learned counsel for Respondent no.3

submits that the compensation awarded is just and reasonable.

It is also submitted that since the Appellant did not suffer any

financial loss on account of 64 days leave, he is not entitled to

any compensation for loss of leave.

4. On perusal of the Trial Court record, it is clear that the

Appellant suffered head injury, fracture right temporal and

contusion left temporal lobe and remained admitted in Max

Hospital from 18.09.2010 to 22.09.2010. He had to take rest for

about two months to enable him to join his duties. As far as

loss of leave is concerned, the issue is covered by the judgment

of this Court in Ramveer Singh v. Rajesh Kumar & Ors., 2014

SCJ 1090, wherein it was held that a victim of a motor vehicle

accident cannot be made to suffer loss of his full pay leave or

the medical leave for the benefit of the tortfeasor. The Appellant

was getting a total salary of Rs.39,054/- including a sum of

Rs.2,160/- towards Transport Allowance(TA). Thus, the

Appellant is granted a sum of Rs.74,000/- towards loss of two

months leave. Considering the nature of injury, the site of the

injury, period of confinement in the Hospital and the fact that

the Appellant had to take rest for 64 days, award of

compensation of Rs.20,000/- towards mental pain and agony by

the Claims Tribunal seems to be on the lower side. The same is

thus, raised to Rs.40,000/-. The overall compensation thus,

comes to Rs.1,83,902/-.

5. The compensation is consequently, enhanced by Rs.94,000/-

which shall carry interest @ 7.5% per annum from the date of

filing of the claim petition till its payment.

6. Respondent no.3 Insurance Company is directed to deposit the

enhanced compensation with UCO Bank, Delhi High Court

Branch, New Delhi within six weeks and the same shall be

released in favour of the Appellant on deposit.

7. The appeal is allowed in above terms.

8. Pending applications, if any, also stand disposed of.

(G.P. MITTAL) JUDGE MAY 20, 2015 pst