Delhi High Court
Master Shivam vs Vijay Pal Yadav & Ors. on 26 September, 2019
KAMLESH KUMAR
16.10.2019 12:15
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 26.09.2019
+ MAC.APP. 1058/2017
MASTER SHIVAM ..... Appellant
Through: Mr. Manish Maini and Ms. Hreeshika
Bhargava, Advocates.
versus
VIJAY PAL YADAV & ORS ..... Respondents
Through: Mr. P. Srinivasan, Advocate on behalf
of Mr. Rajeev M. Roy, Advocate for
R-3.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
1. This appeal impugns the award of compensation dated 16.02.2017
passed by the learned MACT in DAR No. D-618/14 on the ground that
lumpsum amount of Rs. 3,00,000/- has been awarded to the minor apropos
the 12% disability with respect to whole body, caused due to a motor-
vehicular accident.
2. In the present case, the 11 year old child has suffered 12% permanent
physical disability in his left lower limb. Keeping in view the extent of the
disability and the dicta of Supreme Court in Mallikarjun Vs. Divisional
Manager, National Insurance Company Limited and Another, (2014) 14
SCC 396, the learned Tribunal has rightly granted Rs. 3,00,000/- as the
lumpsum amount payable. The same does not call for any interference.
3. The appellant's second argument is that the injuries were caused to
the child on 06.09.2014 when his left lower limb was crushed under a motor
vehicle. The doctors at Max Hospital recorded his injuries as grievous. The
child suffered injuries of the following nature as recorded in the impugned
order:
"15. In the instant case the petitioner/ injured was 11
years old at the time of accident. He was initially removed
to Max Balaji hospital, Patparganj, Delhi. He was shifted to
Sushtura Trauma Centre on the same day. He has been
diagnosed with IT Femur (left) with fracture of left tibia
with pubic diastasis and other injuries. He has remained
admitted to hospital from 06.09.2014 till 11.09.2014. On
12.09.2014 he has been admitted to Chacha Nehru Bal
Chikitsalya, Geeta Colony, Delhi and remained admitted till
16.09.2014. He was diagnosed with inter trochanteric
fracture tibia left and operated upon for fracture inter
trochanteric femur left and plaster put for fracture tibia at
the time of his admission. His follow up treatment has
continued. He has undergone enormous pain and sufferings
during the course of treatment. He is entitled for
compensation of Rs.40,000/- on account of pain and
sufferings."
(emphasis supplied)
4. The Court would note that he was initially moved to a private hospital
in Patparganj, Delhi and subsequently he was shifted to Sushruta Trauma
Centre, Delhi, on the same day where his left tibia was diagnosed as having
been fractured and the pubic diastasis and other injuries were recorded.
Consequently, his left tibia was operated upon and plaster was put up on it
for its treatment, after which he was shifted to Chacha Nehru Bal
Chikitsalya, Geeta Colony, Delhi, wherein he had to visit the OPD of the
said hospital, till December 2014. In other words, the injured-minor had not
recovered even after four months of the injury. His suffering continued for
those days, alongwith obvious pain in his movement, as well as in his pubic
area and due to other injuries on the body as well.
5. In the circumstances, the compensation of Rs. 40,000/- is on the lesser
side. It is enhanced to Rs. 2,00,000/-. Let the enhanced amount of Rs.
1,60,000/-, alongwith interest @ 9% from the date of filing of the claim
petition till its realization, be deposited before the learned Tribunal to be
released to the beneficiary of the award in terms of the scheme of
disbursement specified therein.
6. The appeal is allowed and disposed-off in the above terms.
NAJMI WAZIRI, J
SEPTEMBER 26, 2019
AB
