Ishjot Mehta vs Dharam Raj & Ors.
2017 Latest Caselaw 5527 Del

$~R-285
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                         Decided on: 9th October, 2017
+      MAC APPEAL No. 15/2011

       ISHJOT MEHTA                                       ..... Appellant
                             Through:   None.

                             versus

       DHARAM RAJ & ORS.                          ..... Respondents
                    Through:            Mr. J.P.N. Shahi, Adv. for R-3.


CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA

                         JUDGMENT (ORAL)

1. The appellant, then a child aged 9 years, suffered injuries in a motor vehicular accident that had occurred on 05.12.2006 due to negligent driving of bus bearing registration no. DL 1PA 0510 (the bus), and has been rendered permanently disabled. The accident claim case (MACT No. 100/2008) was filed on her behalf by her father/next guardian on 10.05.2007 impleading the driver, owner and insurer of the said bus, they now being the first, second and third respondents respectively. The tribunal held inquiry and, by judgment dated 10.05.2010, awarded compensation in the total sum of Rs. 20,75,000/-, directing the insurer to pay with interest @ 9% per annum, the amount having been calculated thus:-

        S.No.      Heads                              Compensation
       1.         Medicines & Treatment              Rs. 10,80,000/-
       2.         Future Treatment                   Rs. 5,00,000/-
       3.         Loss    of   studies    /General Rs.      50,000/-
                  damages
       4.         Shifting of School                 Rs. 1,60,000/-
       5.         Diminution of marital prospects    Rs. 1,50,000/-
       6.         Pain & sufferings                  Rs. 1,00,000/-
       7.         Conveyance & special diet          Rs.    35,000/-
                  Total                              Rs. 20,75,000/-

2. The appeal at hand was filed seeking enhancement of compensation raising grievances, particularly about the awards under the heads of future medical treatment, diminution of marital prospects and pain & suffering with the plea that there is no award considered towards loss of earnings in future due to disability suffered.

3. The appeal was put in the list of „regulars‟ as per order dated 28.02.2011. When it is called out for hearing there is no appearance on behalf of the claimant/appellant. The appeal has been considered with the assistance of the learned counsel representing the insurer and by perusal of the tribunal‟s record.

4. It is noted that the injuries suffered by the claimant included degloving injuries in the pelvis and bilateral avulsion which necessitated debridement and excition and grafting by multiple surgical procedures. The medical opinion brought on record is to the effect that the treatment would require repeat surgical procedures

since it would need "tissue expanders" on account of the fact that the child is in the age group when she would grow. The procedure of skin grafting would leave residual wounds and consequent permanent disfigurement.

5. In calculating the expenditure required to be incurred towards future treatment, the Tribunal was constrained to go by some rough assessment inasmuch as there is no clear evidence led to support the claim on this score. Though in the appeal it has been claimed that the treatment has continued, which may be true, no effort was made by the appellant to bring on record the additional expenditure on such account so as to facilitate examination as to whether the award under the said head granted by the Tribunal is adequate or not. In these circumstances, there is no case made out for any enhancement under the head of future treatment.

6. However, having regard to the nature of injuries suffered and the fact that the appellant, a child of tender yearsc when the accident had occurred has had to undergo, and might undergo even in future, repeat surgical procedures leaving permanent scars on her body, the awards under the heads of compensation for diminution of marital prospects and pain & suffering appear to be on the lower side. The same are increased by Rs. 1,50,000/- and Rs. 2,00,000/- respectively. Thus, there shall be total increase in the award by Rs. 3,50,000/- (Rupees Three Lakhs Fifty Thousand Only). The award is modified accordingly. The increased portion of the award will also carry interest as levied by the Tribunal.

7. The insurance company is obliged to satisfy the enhanced award by requisite deposit with the Tribunal within thirty days.

8. The appeal is disposed of in above terms.

R.K.GAUBA, J.

OCTOBER 09, 2017 nk