Mini Sabu vs Mohit Saini & Ors
2016 Latest Caselaw 2098 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                  Date of Decision: 16th March, 2016
+             MAC.APP. 399/2014 & CM APPL. 7572/2014
       MINI SABU                                         ..... Appellant
                         Through:      Mr. Navneet Goyal, Adv.
                         versus
       MOHIT SAINI & ORS                                 ..... Respondents
                         Through:      Mr. Shoumik Mazumdar, Adv. for
                                       Mr. Pankaj Seth, Adv. for R-3.


CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
                         JUDGMENT

R.K.GAUBA, J (ORAL):

1. The appellant had suffered multiple fractures in neck, head, nose and shoulder including a hangman's fracture on account of motor vehicular accident that occurred at 07:30 AM on 01.01.2012 involving collision between Honda City car bearing registration no.DL-3CBE-4963 (the car) in which she was travelling and Honda Civic car bearing registration no.DL- 3CAK-8502 (the offending vehicle) which was driven by the first respondent herein, it being owned by second respondent herein and insured against third party risk for the period in question with third respondent herein (the insurer).

2. On claim petition under Sections 166 & 140 of the Motor Vehicles Act, 1988 (the MV Act) brought by her, registered as case no.86/2012, the motor accident claims tribunal (the tribunal), by judgment dated 14.03.2013, awarded total compensation in the sum of `2,66,025/- with interest at the rate of nine percent (9%) per annum from the date of filing of the petition (10.02.2012) till realization. Since the insurance policy was admitted and there was no case made out about breach of terms and conditions thereof, third respondent (the insurer) was directed to pay.

3. By the appeal at hand, the claimant seeks enhancement of the compensation on the ground that the loss of income has not been properly computed.

4. It is noted that the appellant was working as a nurse (sister grade-I) in All India Institute of Medical Sciences (AIIMS) at the time of accident. She proved during inquiry that she had to remain on leave on account of injuries suffered for the period from 01.01.2012 to 11.08.2012. She proved her salary certificate for the month of January, 2012 (Ex.PW1/5) which reflects the income as `46,580/-. The tribunal for reasons which cannot be fathomed, however, treated her income to be only `34,205/- per month and awarded compensation for loss of income restricted to period of five months.

5. There is substance in the submission of the claimant that she was entitled to compensation calculated on the basis of monthly income of `46,580/- for the entire period of leave i.e. seven months & ten days. The same is now calculated as (46,580x7)+(46,580÷3) `3,41,587/-. Since the

tribunal had granted only `1,71,025/- on this account, the compensation deserves to be enhanced by (3,41,587-1,71,025) `1,70,562/-. Ordered accordingly.

6. Needless to add, the enhanced portion of the compensation shall carry interest at the rate levied by the tribunal.

7. The insurance company is directed to deposit the enhanced portion of the compensation with the tribunal within 30 days of today, whereupon it shall be released to the claimant.

8. The appeal is disposed of in above terms.

R.K. GAUBA (JUDGE) MARCH 16, 2016 ssc