Full Judgment
$~R-215 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:
15. h September, 2017 + MAC APPEAL No.412/2010 SANJAY KUMAR ..... Appellant Through: Mr. O.P. Mannie, Adv. versus VIPIN KUMAR & ORS. ........ RESPONDENTS
Through: None. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant suffered injuries in a motor vehicular accident that occurred on 22.04.2006 due to negligent driving of van bearing registration No.DL3T2611 which was admittedly insured against third party risk with third respondent (insurer) for the period in question. He instituted accident claim case (petition No.347/2009) on 03.06.2006, on which the tribunal, after inquiry, awarded compensation in the sum of Rs. 7,22,400/-, by judgment dated 16.03.2010, directing the insurer to pay with interest, calculating it thus:-
"S.No.Heads 1.
2. Medical Treatment Conveyance Compensation Rs.1,74,000/- Rs. 5,000/- MAC Appeal No.412/2010 Page 1 of 3 3.
4. 5.
6. 7.
8. Special diet Loss of income Rs. 5,000/- Rs. 67,000/- Loss of earning capacity Rs.3,41,400/- Pain & sufferings Rs. 30,000/- Loss of amenities of life Rs. 50,000/- Loss of marriage prospects Rs. 50,000/- Total compensation Rs. 7,22,400/
The claimant is in appeal submitting that the award is deficient. At the hearing it is pointed out that he had suffered multiple fractures including that of the non-union shaft of right femur bone which required prolonged hospitalization and treatment including surgical procedures that required fixation by nail, the period of immobilization on this account being as large as 18 months, the injuries rendering him permanently disabled, the disability having been certified (Ex.PW- 7/A) to the extent of 57% in relation to the right lower limb. It is pointed out that the tribunal assessed the functional disability to the extent of 30% and has awarded compensation including on account of loss of earning capacity for future.
3. At the hearing, the claimant pressed for modification of the award to seek inclusion of Rs. 50,000 which was the estimate given by Dr. Sunil Kumar (PW-5) as to the expenditure expected to be incurred in the future treatment wherein the surgical procedure would be performed to remove the implants. The claimant also seeks enhanced damages under the heads of pain & suffering and loss of amenities of life. MAC Appeal No.412/2010 Page 2 of 3 4. In view of the above state of evidence on record, there is no reason why the award should not have covered the future medical expenses. Thus, the amount of Rs. 50,000/- under the said head deserves to be added. Given the long suffering that the claimant has undergone and the nature of the handicap that he would suffer throughout his life, the awards under the heads of pain & suffering and loss of amenities of life are increased to Rs. 75,000/- each.
5. The above would result in increase in the award by (50,000 + 45,000 + 25,000) Rs. 1,20,000/- (Rupees one lac and twenty thousand only). Ordered accordingly. The enhanced portion shall carry interest @ nine per cent (9%) per annum from the date of filing of the petition till realization. It shall be paid by the third respondent by requisite deposit with tribunal within thirty days. The appeal is disposed of in above terms.
6. R.K.GAUBA, J.
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