Punit Sharma vs Anil Kumar And Ors
2017 Latest Caselaw 6797 Del

$~R-578
     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                     Decided on: 28th November, 2017
+    MAC. APPEAL No.922/2012

     PUNIT SHARMA                                 ..... Appellant
                            Through: None.

                   versus

     ANIL KUMAR AND ORS            .....Respondents
                  Through: None.
     CORAM:
     HON'BLE MR. JUSTICE R.K.GAUBA

                   JUDGMENT (ORAL)

1. The appellant was the claimant before the Motor Accident Claims Tribunal in accident claim case (MACT Suit No.125/10) instituted on 14.02.2008, whereby he had sought compensation under Sections 166 and 140 of Motor Vehicles Act, 1988 for injuries suffered by him in a motor vehicular accident that had occurred on 16.04.2007.

2. The Tribunal held inquiry and, on the basis of evidence led, accepted the said claim and awarded compensation in the sum of Rs.1,17,000/-, this inclusive of Rs.70,000/- for expenditure on treatment, Rs.10,000/- for pain and suffering, Rs.5,000/- for special diet and conveyance, Rs.8,000/- for attendant charges and Rs.24,000/- for loss of income.

3. The present appeal was filed with the grievance that the compensation awarded is inadequate. It was put in the list of "Regulars" as per order dated 23.03.2016. When the matter is called out in its turn, there is no appearance on either side.

4. A perusal of the memo of appeal reveals that the only specific grievance raised is with regard to the award being inadequate under the head of attendant charges. In the given facts and circumstances, where there is no case made out of any permanent disability, the plea cannot be accepted. The award, as granted by the Tribunal, is found to be just and adequate.

5. The appeal is dismissed.

R.K.GAUBA, J.

NOVEMBER 28, 2017 srb