Delhi High Court
Rahul vs Nepal Singh & Ors (United India ... on 28 November, 2019
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 28.11.2019
+ MAC.APP. 585/2019
RAHUL ..... Appellant
Through: Mr. R.S. Roy, Adv.
versus
NEPAL SINGH & ORS (UNITED INDIA INSURANCE CO. LTD.
.....Respondents
Through: Mr. Suprabh Kumar Roshan, Adv.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
CM APPL. 24402/2019 & 24403/2019
1. For the reasons mentioned in the applications, the delay in filing and
re-filing of the appeal is condoned.
2. The applications stand disposed off.
MAC APP. 585/2019
3. The appellant/injured impugns the award of compensation dated
14.11.2018 passed by the learned MACT in MACT Petition No. 487-12
(New No. 50111-16) on the ground that the he had sustained grievous
injuries in the motor vehicular accident which occurred on 21.09.2012 and
the learned Tribunal has erred in considering the same.
4. The learned counsel for the appellant submits that the appellant was
treated at Sanjay Gandhi Hospital, Mangol Puri, Delhi, and a Disability
Certificate was issued to him, certifying that he has suffered 16% permanent
disability in relation to right lower limb and he was diagnosed with post
traumatic stiffness of right hip. He was merely 16 years of age at the time of
the motor accident. The learned Tribunal considered his functional disability
apropos his whole body as 10%. It held, inter alia, as under:
".....In the present case, the petitioner suffered grievous
injuries with 16% permanent disability in relation to right
lower limb. PW3 has deposed that the petitioner could sell
the vegetables on rehri, however, he would face some
difficulty in squatting and cross leg sitting. He further
deposed that the fracture has united, the patient need not
take out the inserted rod and it might be taken out if he feels
any difficulty. From the material available on record, the
functional disability suffered by the claimant in the case at
hand is taken as 10% in relation to whole body. ....."
5. The Court would note that the learned Tribunal has granted him Rs.
1,00,000/- towards 'pain and suffering' and Rs. 25,000/- towards mental
agony to the parents whose minor child is suffering from the trauma of an
unfortunate accident. The aforesaid amounts were granted to the
appellant/injured in view of the decision of the Supreme Court in Kumari
Kiran Thr. Her father Harinarayan vs. Sajjan Singh & Ors., (2015) 1 SCC
539 and in terms of the decision of this Court in MAC. APP. 345/2011 titled
as National Insurance Co. Ltd. vs. Baby Heena & Ors., decided on
14.03.2016. The appellant/injured was also granted Rs. 1,00,000/- towards
'permanent disability/loss of amenities' in terms of Master Mallikarjun vs
Divisional Magistrate, National Insurance Co. Ltd.& Anr., (2014) 14 SCC
396. Sundry amounts had also been granted by the learned Tribunal towards
medical expenses, attendant, transport, special diet and future medical
expenses and loss of life.
6. The Court is of the view that for an adolescent of mere 16 years, who
had an entire life of promise ahead of him, has been condemned to a life
time of suffering, along with stiffness in his hip, which would constrain him
in running. Accordingly, the quantum towards 'permanent disability/loss of
amenities' is enhanced to Rs. 2,00,000/-. Apropos this issue, this Court in
MAC APP. 489/2019 titled as National Insurance Co. Ltd. vs. Shivani &
Ors,, decided on 24.04.2019, while examining the permanent injury
sustained by a six year old girl, had enhanced the compensation towards
'pain and suffering' from Rs. 1,00,000/- to Rs. 5,00,000/- for the following
reasons:-
"3. In the present case, a six year old girl has been
disabled permanently, in such a manner that she
would not be able to live a normal life, as she did
prior to the unfortunate accident. She would not be
the same girl, who played with the children of her
age in her neighbourhood park or in her school
playfield or run about with gay abandon whenever
she desired. She may well have to be assisted and
cared-for for the rest of her life. Therefore, looking
at her permanent dependency on other persons, her
quality of life would be affected irreparably, as
would her participation in sports and other regular
activities of children her age. Her social life too
could be impaired, and who knows, her personal
life and relations could be affected in myriad
ways."
A Special Leave to Appeal (C) No. 19579/2019 against the abovementioned
order was dismissed on 23.08.2019.
7. The appellant/injured is a vegetable vendor and earning his livelihood
to assist his family. He was rendered disabled after the said unfortunate
accident, while the disability for a year has not been proven. Nevertheless,
his 16% permanent disability in the right lower limb is now certified by the
Disability Certificate. The movement of his body in dealing with customers
while vending vegetables, etc. would surely be restricted, and would be a
cause for personal suffering. Also, he would not be able to play with his
friends. In the circumstances, the quantum towards 'pain and suffering' is
enhanced from Rs. 1,00,000/- to Rs. 5,00,000/-.
8. The learned Tribunal has granted compensation towards 'cost of
nursing/attendant' @ Rs. 15,000/-. With regard to the nature of the disability
suffered by the young man, he would surely require an attendant at all times.
In the circumstance, the compensation on the aforesaid head is enhanced
from Rs. 15,000/- to Rs. 2,00,000/-.
9. Accordingly, the amount payable to the appellant/injured shall be as
under:
S.No. Particulars Amount
1. Permanent disability/loss of amenities Rs. 2,00,000/-
2. Pain and suffering Rs. 5,00,000/-
3. Cost of nursing/attendant Rs. 2,00,000/-
TOTAL Rs. 9,00,000/-
10. Let the aforesaid amount along with interest @ 9% from the date of
filing of claim petition till its realization, be deposited before the learned
Tribunal, within a period of three weeks from the date of receipt of copy of
this order, to be released to the beneficiary(ies) of the award in terms of the
scheme of the disbursement specified therein.
11. The appeal stands disposed-off in the above terms.
NAJMI WAZIRI, J
NOVEMBER 28, 2019
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