Delhi High Court
Ram Niwas Tyagi vs Surjeet Singh & Ors. on 2 November, 2017
$~R-393
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 2nd November, 2017
+ MAC APPEAL No. 839/2011
RAM NIWAS TYAGI ..... Appellant
Through: Mr. Navneet Goyal, Adv.
versus
SURJEET SINGH & ORS. ..... Respondents
Through: Mr. Pankaj Gupta for Ms.
Suman Bagga, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The appellant was the claimant before the Tribunal in accident
claim case (MACP 18/2008) instituted on 18.11.2008 seeking
compensation for injuries suffered in a motor vehicular accident that
occurred on 13.04.2008 due to negligent driving of motor vehicle
described as Crane bearing registration HR 38N 2217, admittedly
insured against third party risk with the third respondent (insurer). The
tribunal held inquiry and, by judgment dated 18.05.2011, accepted the
case for compensation holding the crane driver (first respondent)
negligent. The tribunal awarded Rs. 1,20,000/- as total compensation,
this inclusive of Rs.70,000/- under the head of expenses, treatment,
hospitalization and Rs. 50,000/- as composite damages for pain &
suffering & trauma as a consequence to the injuries. The liability was
fastened on the third respondent to pay the said amount with interest
though it was granted recovery rights against the first and second
respondent, i.e. the driver and owner of the motor vehicle in question,
for the reason there was no proof of the driver holding any valid
driving licence, such respondents have suffered the case ex-parte..
2. By the appeal at hand, the claimant presses for enhancement of
compensation restricting it to the prayer for award under the head of
loss of amenities of life, referring to the fact that he has been rendered
permanently disabled in the right ankle, such disability having been
proved (Ex.PW-1/98) to the extent of 18% in relation to that part of
the body.
3. The first and second respondents though served have not
appeared when the appeal is taken up for hearing. The matter has
been considered with the assistance of the counsel for the appellant
and the counsel for the insurer.
4. The claimant was 67 years old on the date the accident
occurred. The injury and consequent disability in the right ankle
would undoubtedly affect the quality of his remaining life. In these
circumstances, Rs. 25,000/- is added to the award under the head of
loss of amenities of life. The said amount shall carry interest as levied
by the tribunal.
5. The insurer is directed to satisfy the enhanced award by
requisite deposit with the tribunal within thirty days making it
available to be released to the claimant. The recovery rights granted by
the tribunal shall remain unaffected.
6. The appeal is disposed of in above terms.
R.K.GAUBA, J.
NOVEMBER 02, 2017
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