Delhi High Court
Uttarakhand Transport ... vs Sukhveer Singh & Anr on 25 August, 2017
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 25th August, 2017
+ MAC.APP. 761/2017 and CM APPL.30537-30540/2017
UTTARAKHAND TRANSPORT CORPORATION
.... Appellant
Through: Mr. Harish C. Pant, Advocate
versus
SUKHVEER SINGH & ANR ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. On 24.07.2012 the first respondent was travelling in bus bearing
registration No.UK-7PA-1413 owned by the appellant when it came to
be involved in a collision at about 3:30 a.m. against a truck bearing
registration No.UP-12T-2950, stationary on the roadside, this resulting
in injuries being suffered by him. He instituted accident claim case
(MAC No.315/2016) on 23.03.2013 impleading the appellant and its
driver (second respondent) as party respondents.
2. The Motor Accident Claims Tribunal (the tribunal), after
inquiry, by judgment dated 02.08.2016 returned finding that the
accident had indeed occurred due to negligent driving of the bus. It
computed compensation in the sum of Rs.4,78,000/- (Rupees Four
Lakhs Seventy Eight Thousand Only) and held the appellant along
with the driver (second respondent) jointly and severally liable to pay
the same, with interest, to the first respondent (claimant).
3. The appeal filed is pressed to challenge the computation of
compensation towards loss of wages (Rs.81,012/-) and towards loss of
amenities (Rs.40,000/-) as included in the award.
4. It is noted that the claimant had suffered fracture of left
shoulder bones, head injuries, besides muscle injuries involving loss
of skin and muscle, such injuries requiring, amongst others, flap
reconstruction. The claimant had proved that in the medical opinion
(Ex.PW-1/5) he has been rendered permanently disabled in relation to
the left upper limb, the extent of permanent disability thereby assessed
being twenty per cent (20%).
5. It is pointed out that the Tribunal noted that no evidence was
adduced by the claimant to prove the exact period when he remained
bedridden. The Tribunal assumed the period of inability to resume
work for gain to be to the extent of six months and, on that basis,
calculated the loss of wages, the monthly income having been
assessed as Rs.13,502/-. It is also noted that the Tribunal observed (in
para 20) of the impugned judgment that no proof of factors such as
age, marital status or unusual deprivation had been brought on record.
It is the grievance of the appellant that in spite of such observations,
the tribunal went ahead to grant Rs.40,000/- towards loss of amenities
and enjoyment of life.
6. In the considered view of this court, having regard to the nature
of injuries suffered, as noted above, the period for which the claimant
would have been constrained to be away from gainful engagement for
work has been fairly assessed by the tribunal. Fracture of the left
shoulder bones also involving muscle and skin loss requiring
reconstructive surgical procedure to be undergone would not restore
the health of the victim immediately. It is a gradual process which
would have kept him immobile, unable to return to work for quite
some time. Though, there is no material submitted for any objective
assessment in this regard to be made, the subjective view taken by the
tribunal does not call for any interference.
7. The observations about absence of proof of age, marital status,
etc. in the context of damages for loss of amenities of life were not
wholly correct. There was proof adduced of the age of the claimant.
The loss of amenities of life as has been covered by the award has a
connection with the nature injuries suffered and their aftermath for the
victim. The amount awarded towards loss of amenities and enjoyment
of life, in the given facts and circumstances, cannot be by any stretch
of reasoning, said to be excessive.
8. The appeal is devoid of substance. It is dismissed in limine with
accompanying applications.
9. The statutory deposit shall be refunded, after proof is adduced
of the award having been satisfied.
R.K.GAUBA, J.
AUGUST 25, 2017/vk
