Uttar Pradesh State Road ... vs Bala Devi
2017 Latest Caselaw 7176 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI


                                          Date of Order: December 12, 2017


+                MAC.APP. 1024/2015 & CM 32616/2015
       UTTAR PRADESH STATE ROAD TRANSPORT
       CORPORATION                                         ..... Appellant
                             Through:     Ms. Garima Prashad and Mr.
                             Shadab Khan, Advocates
                      Versus
       BALA DEVI                                           ..... Respondent
                             Through:     Mr. Shyam Singh Sisodia,
                             Advocate
       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR
                                   ORDER

(ORAL)

1. Impugned Award of 1st October, 2015 grants compensation of `1,41,834/- with interest @ 12% per annum. Respondent-claimant had suffered grievous injuries in a vehicular accident on 22nd December, 2012. The Motor Accident Claims Tribunal, Shahdara, Karkardooma Courts, Delhi (hereinafter referred to as 'the Tribunal') vide impugned Award has granted compensation to respondent-claimant, whose break up is as under: -

          S.No.      Name of heads                      Amount
          1.         Loss of pain and sufferings        `25,000/-
          2.         Special diet and conveyance        `20,000/-

3. Expenses towards medicines (with `62,310/-

bills)

4. Attendant charges for three `10,500/-

months

5. Compensation towards loss of `24,024/-

rendering gratuitous services Total `1,41,834/-

2. Learned counsel for petitioner, at the outset, reserves the right to raise the issue of negligence relating to the accident in question in the connected appeals and submits that the grant of interest on the Awarded amount is exorbitant.

3. On the other hand, learned counsel for respondent-claimant supports impugned Award.

4. Upon hearing and on perusal of record, I find that the quantum of compensation granted is just and fair. During the course of hearing, learned counsel for petitioner had drawn attention of this Court to a recent Supreme Court's Constitution Bench decision in National Insurance Company Ltd. Vs. Pranay Sethi & Ors. 2017 SCC OnLine SC 1270 to submit that the interest @ 9% ought to be granted in such cases.

5. Applying the dictum of Supreme Court's Constitution Bench decision in Pranay Sethi (supra) to the facts of instant case, while upholding the quantum of compensation granted, the rate of interest granted thereon is reduced from 12% to 9% per annum.

6. Registry to release compensation to respondent-claimant in terms of this order and to refund the excess deposit, if any, to appellant alongwith the Statutory Deposit, as per Rules.

7. With aforesaid modification and directions, this petition and the application are disposed of.

(SUNIL GAUR) JUDGE DECEMBER 12, 2017 s