Delhi High Court
Ramesh Chand Sharma & Anr. vs Vivek Gopi Nathan & Ors. on 12 August, 2016
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12th August, 2016
+ MAC.APP. 342/2013
RAMESH CHAND SHARMA & ANR. ..... Appellants
Through:
versus
VIVEK GOPI NATHAN & ORS. ..... Respondents
Through: Mr. Rahul Sharma and Mr. C.K.
Bhatt, Advocates for respondent No.4
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
C.M. Appl. 29315/2016
Issue notice to respondent No.3. Learned counsel for respondent
No.3 accepts notice.
Application is allowed and the appeal is taken up for hearing today.
MAC.APP. 342/2013
1. Vide award dated 10th May, 2010, the Claims Tribunal awarded
compensation of Rs.16,64,784/- along with interest @ 7.5% per annum to
the appellants. The appellants are seeking enhancement of the
compensation.
2. On 11th March, 2006 at about 11:30 p.m., Chandan Sharma was
travelling in Opel Corsa car bearing No.DL-9CG-4687 while going from his
home in Sangam Vihar to Noida. The car was being driven by respondent
No.1 at that time. When car reached Noida toll road at about 11:30 p.m. the
driver lost balance and the car hit the road divider resulting in grievous
injuries. Chandan Sharma was taken to Kailash Hospital, Noida where he
battled for his life till 20th March, 2006 when he died. A sum of
Rs.1,50,000/- was spent on his treatment. The expenses on the treatment
were proved by the hospital bill, Ex.PW-1/A.
3. The deceased was survived by his parents and unmarried sister who
filed the claim petition. The deceased was aged 22 years at the time of the
accident and was unmarried. The Claims Tribunal awarded compensation of
Rs.16,64,784/- to the appellants.
4. Learned counsel for the appellants have urged following grounds at
the time of hearing of this appeal:
(i) The medical expenses of Rs.1,50,000/- incurred on the treatment of
the deceased have not been awarded by the Claims Tribunal; and
(ii) The rate of interest of 7.5% per annum is at lower side.
5. There is merit in both the contentions raised by the appellants. The
appellants are entitled to the medical expenditure of Rs.1,50,000/- incurred
by them on the treatment of their son duly proved by hospital bill Ex.PW-
1/A. The rate of interest @ 7.5% awarded by the Claims Tribunal is on a
lower side. The Supreme Court has consistently awarded interest @ 9% per
annum. Reference may be made to Municipal Corporation of Delhi v.
Association of Victims of Uphaar Tragedy, AIR 2012 SC 100.
6. The appeal is allowed and the amount of Rs.1,50,000/- spent on the
medical expenditure on the treatment of the deceased is awarded to the
appellants. Total award amount is enhanced from Rs.16,64,784/- to
Rs.18,14,784/- along with interest @ 9% from the date of filing of the
petition i.e. 15th May, 2006 upto the date of deposit.
7. The share of the appellants in the enhanced award amount shall be
equal. The enhanced award amount be deposited by respondent No. 3 with
UCO Bank, Saket Courts by means of two cheques of equal amount drawn
in the name of A/c Ramesh Chand Sharma A/c No.10690110010280 and
Santosh Sharma A/c No.10690110001615 within four weeks.
8. Upon deposit the appellants No.1 and 2 are permitted to withdraw the
amount from their savings bank accounts without any restriction of FDR.
9. Copy of this judgement be given dasti to learned counsels for the
parties under signature of Court Master.
J.R. MIDHA, J.
AUGUST 12, 2016
rsk
