Bahadur Dass vs Mohd. Shakeel & Ors (Relaince ...
2018 Latest Caselaw 2296 Del

$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Date of Decision: 12th April, 2018

+      MAC.APP. 284/2017
       BAHADUR DASS                                    ..... Appellant
                      Through:        Mr. Manish Maini and Ms. Hreeshika
                                      Bhargav, Advs.

                          versus

       MOHD. SHAKEEL & ORS
       (RELAINCE GENERAL INSURANCE CO. LTD) ..... Respondents
                    Through: Mr. Abhishek Rana, Adv. for R1 &
                             R4.
                             Mr. Rajeev M. Roy and Mr. P.
                             Srinivasan, Advs. for R3.

       CORAM:
       HON'BLE MR. JUSTICE J.R. MIDHA

                            JUDGMENT (ORAL)

1. The appellant has challenged the award dated 23rd September, 2016 whereby compensation of Rs.3,80,111/- has been awarded by the Claims Tribunal.

2. The accident dated 04th January, 2014 resulted in grievous injuries to the appellant. The appellant suffered fracture of bones upper limb as well as compound communited fracture distal radins (left) with minuted fracture proximal tibia (left) with infected would over ulna and ulna styloid (left). The appellant remain hospitalized for 04th January, 2014 to 13th January,

2014 when he underwent a surgery. The injuries suffered by the appellant resulted in 5% disability with respect to the left upper limb.

3. The Claims Tribunal awarded Rs.15,000/- towards conveyance, Rs.1,63,687/- towards medical expenditure, Rs.15,000/- towards special diet, Rs.15,000/- towards attendant and Rs.1,11,424/- towards loss of income and Rs.60,000/- towards pain and suffering. The total compensation awarded is Rs.3,80,111/-.

4. Learned counsel for the appellant urged at the time of hearing that the compensation awarded under the pecuniary as well as non pecuniary heads are on a lower side. Learned counsel seeks compensation under the heads of loss of amenities of life as well as disfiguration.

5. Learned counsel for respondent No.3 submits that the compensation awarded by the Claims Tribunal is fair and reasonable and does not warrant any enhancement. It is further submitted that the compensation under the head of loss of income is not made out as the appellant is in Government service.

6. Learned counsel for the appellant submits that the appellant suffered actual loss of income which was duly proved by the Claims Tribunal. It is further submitted that the respondent No.3 has accepted the award and paid the compensation and, therefore, the objection to the award of compensation is not sustainable.

7. This Court is of the view that the compensation awarded to the appellant under the heads of pain and suffering is on lower side. The compensation under the heads of pain and suffering is enhanced from 60,000/- to Rs.1,00,000/-. The appellant is also entitled to compensation under the heads of loss of amenities. Rs.50,000/- is awarded under the head

of loss of amenities. The Claims Tribunal has not awarded any compensation towards disfiguration. Rs.79,889/- is awarded under the head of disfiguration. There is no infirmity in the award of loss of income awarded by the Claims Tribunal for the reasons stated in the award. The appellant is entitled to total compensation of Rs.5,50,000/-.

8. The appeal is allowed and the compensation awarded by the Claims Tribunal is enhanced from Rs.3,80,111/- to Rs.5,50,000/- along with interest @ 9% per annum from the date of institution.

9. Respondent No.3 is directed to deposit the enhanced award amount with the Registrar General of this Court within four weeks. After the deposit of the enhanced award amount, respondent No.3 be entitled to recovery rights against respondents No.1 and 2 in terms of para-31 of the award. Upon deposit of the enhanced award amount, the Registrar General shall release the same to the appellant.

10. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master.

APRIL 12, 2018                                             J.R.MIDHA, J.
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