Delhi High Court
Jyoti vs Hem Raj Singh & Ors. on 7 November, 2017
$~R-427
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 07th November, 2017
+ MAC APPEAL 1078/2011
JYOTI ..... Appellant
Through: None
versus
HEM RAJ SINGH & ORS. ..... Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The appellant, then aged 3 years old, was riding on the motor
cycle bearing registration no.DL-3SZ-1080 with two other children, it
being driven by her father Yogener Singh on 02.11.2008 when at
about 10.00 p.m. it came to be involved in a motor vehicular accident
with truck bearing registration no.HR-38D-7023 (the truck) and
suffered injuries. The accident claim case (MACT no.11/08) was
instituted on 20.11.2008 for and on her behalf by her father and
natural guardian, impleading the driver, owner and insurer of the said
truck as party respondents, they being the respondents in the appeal.
2. The Motor Accident Claims Tribunal (Tribunal) held inquiry
and, by judgment dated 07.05.2011, returned a finding that the
accident had occurred due to the negligent driving of the truck,
causing injuries to the claimant. It awarded compensation in the total
sum of Rs.1,62,500/-, calculating it thus :
PECUNIARY DAMAGES
(a). Expenses relating to treatment, Rs.50,000/-
hospitalization, medicines,
transportation, nourishing food and
miscellaneous expenditure
(b). Future medical expenses Rs.25,000/-
Non-pecuniary damages
(c). Loss of wages Rs.37,500/-
NON-PECUNIARY DAMAGES
(a). Damages for pain, suffering and Rs.50,000/-
trauma as a consequence of the injuries
TOTAL Rs.1,62,500/-
3. The liability to pay the said amount was placed at the door of
the insurer (third respondent) with levy of interest at the rate of 7.5%
p.a.
4. It may be mentioned here that the assessment of damages by the
tribunal was, inter alia, on the facts that the injuries suffered by the
claimant included multiple fractures of the pelvic bone. Though it was
claimed on her behalf that her urinary and reproductive systems had
also been damaged, no evidence affirming such injuries was adduced.
The claimant had relied on the disability certificate (Ex. PW1/A) and
also examined Dr. Rajat Mahajan, Senior Resident Orthopedic of
Guru Tegh Bahadur Hospital (PW-1). As per the disability certificate,
and the evidence of the said medical expert, the claimant suffers from
permanent locomotor impairment of her right lower limb to the extent
of 12%.
5. The appeal was filed with the grievance that the compensation
awarded is inadequate. It was submitted that the permanent disability
would adversely affect the marriage prospects of the claimant and also
cause dis-figurement for life. It was also submitted that the non-
pecuniary damages and the rate of interest levied are deficient.
6. The appeal was admitted and put in the list of regular matters, to
be taken up on its own turn as per order dated 04.02.2015. It was
taken up twice thereafter in the effort to resolve the dispute amicably
through the Lok Adalat but with no results. When it is taken up for
hearing, there is no appearance on behalf of the appellants (claimants).
7. Having regard to the nature of the injuries and the disability
suffered, this court accepts the plea that the award is inadequate.
Since there has been no compensation granted towards loss of
amenities of life, loss of marriage prospects and for dis-figurement,
amounts of Rs.50,000/- each under the said three heads are added to
the compensation raising it to [Rs.1,62,500/- + Rs.50,000/- +
Rs.50,000/- + Rs.50,000/-] Rs.3,12,500/-, rounded off to Rs.3,13,000/-
(Rupees Three Lakh and thirteen thousand only).
8. Following the consistent view taken by this Court, the rate of
interest is increased to 9% per annum from the date of filing of the
petition till realization. [see judgment dated 22.02.2016 in MAC.APP.
165/2011 Oriental Insurance Co Ltd v. Sangeeta Devi & Ors.]
9. The award is modified accordingly. The third respondent
(insurer) shall be obliged to satisfy the enhanced award by requisite
deposit with the tribunal within 30 days making it available to be
released to the claimants in the form of a fixed deposit receipt taken
out from a nationalized bank for a period of seven years with
provision for drawal of periodic interest.
10. The appeal is disposed of in above terms.
R.K.GAUBA, J.
NOVEMBER 07, 2017
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