Delhi High Court
Zabun Nisa vs Mohd. Afzal & Ors. on 4 August, 2017
$~R-95A
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 4th August, 2017
+ MAC.APP.439/2009
ZABUN NISA ..... Appellant
Through: Mr. Navneet Goyal, Advocate
Versus
MOHD. AFZAL & ORS. ..... Respondents
Through: Mr. Kanwal Chaudhary,
Advocate for R-3
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The appellant had suffered injuries in a motor vehicular
accident that occurred on 25.02.2006, due to rash driving of truck
bearing registration No.JK-02U-5565 and was rendered permanently
disabled, her disability having been assed to the extent of fifty percent
(50%). On her accident claim petition (Petition No.94/2008), instituted
on 03.06.2006, the Motor Accident Claims Tribunal (the tribunal), by
its judgment dated 08.07.2008, awarded compensation in the total sum
of Rs.9,01,000/- and directed the insurance company (third
respondent) to pay, it being held liable to indemnify owner of the
vehicle which was involved. The said amount included Rs.4,68,000/-
towards loss of future income due to disability, it having been
calculated on the multiplier of '13' against the notional income of
Rs.3,000/- per month, the other heads of damages covered by the
award including pain and suffering, loss of amenities of life for which
Rs.50,000/- and Rs.25,000/- respectively were added.
2. The insurer sought review by application (M-29/2008) under
Section 114 of the Code of Civil Procedure, 1908 (CPC) pointing out
that in the calculation of the loss of future income, the tribunal had
fallen into error by assuming the disability to be one hundred per cent
(100%). The tribunal upheld the said contention and, by order dated
25.04.2009, modified the award by reducing the compensation
towards loss of future income to fifty per cent (50%) of what was
awarded making it Rs.2,34,000/- under the head of loss of future
income.
3. The appeal seeking enhancement of the compensation is pressed
at the hearing only to seek enhancement of compensation under the
heads of pain and suffering and loss of amenities of life as also with
the grievance that the rate of interest levied is inadequate.
4. The compensation awarded by the tribunal had already been
paid.
5. Having regard to the disability and its extent suffered, it being
on account of degloving injury on the left lower limb requiring
prolonged treatment, including skin grafting through several surgical
procedure and the effect such injuries would have on the quality of life
in future, a case is made out for enhanced compensation under the
heads of pain and suffering and loss of amenities of life. The said
amounts are increased to Rs.75,000/- each. This would mean that
there would be net increase in the compensation in the sum of
Rs.75,000/- only.
6. The said enhanced portion shall be payable with interest @ 9%
per annum in favour of the appellant by requisite deposit to be made
by the insurance company (the third respondent) with the tribunal
within thirty days.
7. The appeal is allowed in above terms.
R.K.GAUBA, J.
AUGUST 04, 2017
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