MAC.APP./115/2010 of SHYAM LAL Vs FAZUL REHMAN @NOOR KHAN & ORS

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 11[th] January, 2012

Pronounced on: 13[th] January, 2012

+ MAC APP. 115/2010

SHYAM LAL

Through: None.

..... Appellant

versus

FAZUL REHMAN @NOOR KHAN & ORS. ..... Respondents Through: Mr. Suresh Sijadio, Adv. for R-2.

Mr. Rajat Brar & Mr. Anvit Jain, Proxy for Ms. Rameeza Hakeem, Adv. for R-3. Jain, Proxy for Ms. Rameeza Hakeem, Adv. for R-3.

CORAM:

HON'BLE MR. JUSTICE G.P.MITTAL

J U M N T

G. P. MITTAL, J.

1.The Appellant seeks enhancement of compensation of `1,25,307/- awarded by the Motor Accident Claims Tribunal (the Tribunal) on account of the injuries suffered by him in an accident, which took place on 22.09.2002. 1,25,307/- awarded by the Motor Accident Claims Tribunal (the Tribunal) on account of the injuries suffered by him in an accident, which took place on 22.09.2002.

2.My task is easier as no Cross Appeal has been filed by the owner or the Insurance Company challenging the finding on negligence or on the quantum of compensation. owner or the Insurance Company challenging the finding on negligence or on the quantum of compensation.

MAC APP No.115/2010 Page 1 of 3

3.The Appellant suffered compound fracture of BB right leg apart from the injuries on his forehead, right ear and right shoulder. He was operated upon in Gujar Mal Modi Hospital and Research Centre for Medical Sciences and Discharge Summary Ex. PW-1/1 was issued advising him to follow up on 04.10.2002. The Appellant was readmitted on 19.11.2002 for removal of the lower foot ring and was discharged on the next day. The Appellant proved on record the consultation memos and the medicines purchased by him during the course of his treatment from 22.09.2002 till June, 2003 (Ex. PW-1/3 to Ex. PW-1/63). I find force in the contention raised on behalf of the Appellant that the compensation awarded under the head of pain and suffering, special diet and conveyance was too low and meagre. The same needs to be raised. The compensation is re-assessed as under: - from the injuries on his forehead, right ear and right shoulder. He was operated upon in Gujar Mal Modi Hospital and Research Centre for Medical Sciences and Discharge Summary Ex. PW-1/1 was issued advising him to follow up on 04.10.2002. The Appellant was readmitted on 19.11.2002 for removal of the lower foot ring and was discharged on the next day. The Appellant proved on record the consultation memos and the medicines purchased by him during the course of his treatment from 22.09.2002 till June, 2003 (Ex. PW-1/3 to Ex. PW-1/63). I find force in the contention raised on behalf of the Appellant that the compensation awarded under the head of pain and suffering, special diet and conveyance was too low and meagre. The same needs to be raised. The compensation is re-assessed as under: -

MAC APP No.115/2010 Page 2 of 3

4.The enhanced amount of ` 23,000/- shall carry interest @ 7.5% per annum from the date of filing of the Appeal till the date of the payment. The Respondent No.3 Insurance Company is directed to deposit the enhanced compensation with the Registrar General of this Court within 30 days, which shall be held in Fixed Deposit for period of one year. per annum from the date of filing of the Appeal till the date of the payment. The Respondent No.3 Insurance Company is directed to deposit the enhanced compensation with the Registrar General of this Court within 30 days, which shall be held in Fixed Deposit for period of one year.

5.The Appeal is allowed in above terms.

JANUARY 13, 2012 hs

(G.P. MITTAL) JUDGE