Delhi High Court
Smt. Babli vs Bijendra Kumar & Ors. on 30 October, 2017
$~R-374
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 30th October, 2017
+ MAC APPEAL No. 670/2011
SMT. BABLI ..... Appellant
Through: Mr. R.K. Bachchan, Adv.
versus
BIJENDRA KUMAR & ORS. ..... Respondents
Through: Mr. Arihant Jain, Adv. for Ms.
Shantha Devi Raman, Adv. for
R-3.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The appellant, then aged 32 years, in private employment,
suffered injuries in motor vehicular accident that occurred on
30.08.2007 and has been rendered permanently disabled. On her
accident claim case (MACP 823/2010), instituted on 26.09.2007, the
Tribunal, by judgment dated 29.04.2011, assessed her functional
disability to the extent of 45% and awarded Rs. 5,55,000/- as
compensation with interest @ 7.5 % per annum, fastening the liability
to pay on the third respondent (insurer), it having concededly issued
an insurance policy covering third party risk in respect of the vehicle
described as Dumper Tata truck bearing no. HR 38C 3539.
2. The appellant presses the appeal for enhancement on the ground
that given the extent of handicap assessed by the Tribunal, the
amounts of Rs.95,000/- towards pain & suffering and a composite sum
of Rs. 90,000/- for loss of amenities of life and disfigurement are
inadequate and that since she was granted loss of earning for six
months, attendant charges should also have been calculated for similar
period. It is also submitted that the rate of interest levied is on the
lower side.
3. Having regard to the nature of injuries and the permanent
disability suffered, as indeed its extent, the submissions of the
claimant about the non-pecuniary damages are found to be correct.
The award on account of pain & suffering is increased to Rs.
1,50,000/- and the award under the head of loss of amenities of life at
Rs. 90,000/- is increased to Rs. 1,00,000/-, while an amount of Rs.
50,000/- is added towards disfigurement. The contention about
attendant charges also being correct, the said amount is increased by
Rs. 7,000/-.
4. Thus, there shall be a net increase in the award by Rs. (55,000 +
10,000 + 50,000 + 7,000) Rs. 1,22,000/- (Rupees One lac and twenty
two thousand only). Ordered accordingly.
5. Following the consistent view taken by this Court [see judgment
dated 22.02.2016 in MAC.APP. 165/2011 Oriental Insurance Co Ltd
v. Sangeeta Devi & Ors.], the rate of interest is increased to 9% per
annum from the date of filing of the petition till realization.
6. The insurer is directed to satisfy the enhanced award by
requisite deposit with the Tribunal within thirty days. Such amount
shall be released to the claimant in the form of interest bearing fixed
deposit receipt taken out from a nationalised bank initially for a period
of seven years with right to draw periodic interest.
7. The appeal is disposed of in above terms.
R.K.GAUBA, J.
OCTOBER 30, 2017
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