Delhi High Court
Shalu Mahna vs Nasir Ali & Ors (New India ... on 17 February, 2020
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17th February, 2020
+ MAC.APP. 168/2018 & CM No.5643/2018
SHALU MAHNA ..... Appellant
Through: Mr. Manish Maini and Mr. Ishan
Vaswani, Advocates.
versus
NASIR ALI & ORS
(NEW INDIA INSURANCE CO LTD) ..... Respondents
Through: Mr. Navdeep Singh, Advocate for R3.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.1,78,000/- has been awarded to the appellant.
The appellant is seeking enhancement of the award amount.
2. The accident dated 20th June, 2007 resulted in grievous injuries to the
appellant. The appellant suffered fracture and dislocation of left ankle for
which she underwent surgery at Dr. R.M.L. Hospital. The appellant was
examined by a Board constituted by Deen Dayal Upadhyay Hospital and
issued a certificate dated 16th January, 2012 to the effect that the appellant
suffered post traumatic malunited bimalleolar fracture of left ankle with
temporary physical disability of 12% (Twelve) in relation of left lower-limb.
3. The Claims Tribunal awarded Rs.20,560/- towards loss of income on
account of accident, Rs.1,00,000/- towards pain and suffering, Rs.5,240/-
towards medicines and medical treatment, Rs.20,000/- towards conveyance
charges, Rs.20,000/- towards special diet and Rs.12,000/- towards attendant
charges. The total compensation awarded is Rs.1,78,000/- (rounded off
Rs.1,77,800/-).
4. Learned counsel for the appellant urged at the time of hearing that no
compensation has been awarded for loss of amenities of life and
disfiguration.
5. Learned counsel for respondent No.3 submits that the compensation
awarded by the Claims Tribunal is fair and reasonable.
6. The appellant is present in Court with her counsel. The appellant has
also filed the photographs of her injured portion which have been perused by
this Court. This Court is satisfied that the appellant is entitled to
compensation of Rs.50,000/- towards loss of amenities of life and
Rs.22,000/- towards disfiguration. The appellant is entitled total
compensation of Rs.2,50,000/-.
7. The appeal is allowed and the compensation award is enhanced from
Rs.1,78,000/- to Rs.2,50,000/- along with interest @ 9% per annum from the
date of filing of the claim i.e. 01st September, 2007.
8. The enhanced compensation award be deposited by respondent No.3
with the Registrar General of this Court within four weeks. Pending
application is disposed of.
9. The appellant present in Court is satisfied with the enhancement of the
award amount to Rs.2,50,000/-. The appellant has produced the passbook of
her savings bank account. The particulars of the same are as under:-
Shalu Mahna @ Shallo Mahna (appellant)
A/c No.10383825737
State Bank of India,
Rohtak Road Branch, New Rohtak Road, New Delhi
IFSC Code : SBIN0001422
10. Upon deposit of the enhanced compensation amount, the Registrar
General is directed to transfer the enhanced compensation amount to the
aforesaid savings bank account of the appellant within two weeks of the
deposit.
11. Copy of this judgment be given dasti to counsels for the parties under
signature of Court Master.
J.R. MIDHA, J.
FEBRUARY 17, 2020
ak
