Delhi High Court
Baby Kotil vs Charan Singh & Ors. on 10 October, 2017
$~R-296 & 297
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 10th October, 2017
+ MAC APPEAL 97/2011
BABY KOTIL ..... Appellant
Through: Mr. Navneet Goyal, Advocate
versus
CHARAN SINGH & ORS. ..... Respondents
Through: Mr. Kanwal Chaudhary, Adv
for R-3.
+ MAC APPEAL 98/2011 and CM 17560/2011
DHEERAJ KUMAR JATAV ..... Appellant
Through: Mr. Navneet Goyal, Advocate
versus
CHARAN SINGH & ORS. ..... Respondents
Through: Mr. Kanwal Chaudhary, Adv.
for R-3
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The appellants in these two appeals arising out of the same
motor vehicular accident are cousins. While Dheeraj Kumar Jatav
(appellant in MACA 98/2011) was 15 years old and riding the bicycle,
Kotil (appellant in MACA 97/2011) was his cousin sister, aged 9
years, riding on the pillion of the said bicycle. On 25.09.2005 at about
4.30 p.m. in the area of Main Road Bus Stand, Khera Khurd, Delhi,
their bicycle was hit by a truck bearing registration no.RJ-02-G-6059
(truck) causing grievous injuries to both of them, such injuries
including fractured pelvic bones in the case of the girl child, she also
having suffered damage to her colon and urinary bladder system.
2. Two separate accident claim cases were instituted seeking
compensation on their behalf, petition no.214/2010 for and on behalf
of Dheeraj Kumar Jatav and petition no.213/2010 for and on behalf of
Kotil. Both the claim cases were subjected to inquiry and decided by
similar judgments passed by the Motor Accident Claims Tribunal
(Tribunal) on 06.08.2010. In each case, the driver and owner of the
truck were held responsible, it having been found that the accident had
occurred due to negligent driving of the truck.
3. In the case of Dheeraj Kumar Jatav, compensation in the total
sum of Rs.61,000/- was granted, it having been calculated thus :-
Pain and suffering Rs.50,000/-
Medicines Rs.3,000/-
Conveyance Rs.3,000/-
Loss of amenities Rs.5,000/-
Total Rs.61,000/-
4. In the case of Kotil, compensation in the total sum of
Rs.3,71,616/-was awarded, it having been calculated as under :-
Pain and suffering Rs.1,00,000/-
Temporary Disability Rs.1,00,000/-
Loss of Amenities Rs.50,000/-
Medicines Rs.49,616/-
Special Diet Rs.25,000/-
Conveyance Rs.10,000/-
Future treatment Rs.25,000/-
Attendant charges Rs.12,000/-
Total Rs.3,71,616/-
5. The appeals filed by each claimant seeks enhancement. They
are pressed at the hearing by their counsel only to submit that the
awards under the heads of pain and suffering and loss of amenities of
life are inadequate in each case.
6. It is noted that in the case of Dheeraj Kumar Jatav, the child had
to suffer fracture of pelvis and also of the femur bone and had to
undergo two surgical procedures, the treatment having continued for
about a year. In the case of the girl child Kotil, the damage was more
extensive, her urinary system having been damaged. She had to
undergo several surgical procedures, the treatment having continued
for almost three years. Though at some stage, effort was made to
prove that she had been rendered permanently disabled but the opinion
taken from a board of doctors of BJRM Hospital, Jahangir Puri, Delhi
confirmed that, mercifully, the child has escaped any permanent
handicap. Be that as it may, the grievances about inadequacy of non-
pecuniary damages under the heads of pain and suffering and loss of
amenities are found to be correct.
7. In the above facts and circumstances, the compensation under
the heads of pain and suffering and loss of amenities of life in the case
of Dheeraj Kumar Jatav is increased to Rs.1,50,000/- (Rupees One
lakh fifty thousand) and Rs.50,000/- (Rupees fifty thousand)
respectively. In the case of Kotil, such awards are increased to
Rs.3,00,000/- (Rupees three lakh) and Rs.1,00,000/- (Rupees one lakh)
each respectively.
8. In the result, there shall be a net increase in the compensation
awarded in favour of Dheeraj Kumar Jatav by Rs.1,45,000/- (Rupees
One lakh and forty five thousand) while in the case of Kotil,
compensation will stand increased by Rs.2,50,000/- (Rupees two lakh
and fifty thousand). The modified awards shall carry interest as levied
by the tribunal.
9. The insurer is directed to satisfy the enhanced awards by
requisite deposits with the tribunal within 30 days in each case making
it available to be released to the respective claimants.
10. It is made clear that this judgment does not affect recovery
rights already granted in favour of the insurer.
11. The appeals and the pending application are disposed of in
above terms.
R.K.GAUBA, J.
OCTOBER 10, 2017
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