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2015 Supreme(Del) 2173
IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATIBHA RANI, J.
PWI NORTHERN RAILWAY - Appellant
Versus
JAI KARAN @ NAND LAL & ORS. - Respondents
MAC.APP. 937/2011 & CM No.19489/2011
Decided On : 14.8.2015
Advocate Appeared:
Mr. Jagjit Singh , Senior Standing Cousnel with Mr. Shivanshu Bajpai, Advocate.
Ms. Nidhi Tyagi, Advocate proxy counsel.
The court emphasized the duty of the appellant to pay fair and reasonable compensation to the victim in accordance with legal standards, as well as the importance of complying with statutory duties.
Headnote:
Identity Dispute - Motor Vehicles Act, 1988 - Section 166, General Manager, Kerala Road Transport Corporation, Trivandrum v. Susamma Thomas & Ors., (1994) 2 SCC 176, Arvind Kumar Mishra v. New India Assurance Company Limited, (2010) 10 SCC 254
Fact of the Case:
The appellant, a Permanent Way Inspector, Northern Railway, challenged the compensation awarded to an injured person. The appellant disputed the identity of the injured and the extent of disability, leading to a legal dispute.
Finding of the Court:
The court rejected the appellant's contentions, emphasizing that the identity of the injured was established and the disability was accurately assessed. The court also criticized the appellant's conduct for raising frivolous grounds and failing to comply with statutory duties.
Issues: Dispute over the identity of the injured and the extent of disability, compliance with statutory duties by the appellant.
Ratio Decidendi: The court emphasized the importance of establishing fair and reasonable compensation in line with legal standards, as per the Motor Vehicles Act, 1988 and relevant case law. The court also highlighted the duty of the appellant to honor its liability to pay compensation to the victim.
Final Decision: The appeal was dismissed with costs, and special costs were imposed on the appellant. The appellant was directed to deposit the costs within a specified timeframe.
PRATIBHA RANI, J.
1. The appellant before this Court is Permanent Way Inspector, Northern Railway who has challenged the award dated 23.07.2011 passed by the Tribunal in Claim Petition No.438/2010 whereby compensation of Rs.2,31,334/- alongwith interest @ 7.5% p.a. from the date of filing the petition till its realisation, was awarded to the injured/respondent No.1 namely Jai Karan @ Nand Lal. Respondent No.2 namely Devi Deen is the driver of the offending vehicle i.e. truck No.HYO 4383 owned by the appellant.
2. Following two contentions have been raised by Sh.Jagjit Singh, Advocate for the appellant:-
(i) There is discrepancy in the name and parentage of the injured and even in the MLC prepared at Aruna Asaf Ali Hospital shows the name of the patient as Nand Lal but the election identity card produced by the injured shows his name as Jai Karan Bind. Thus, there is no evidence to prove that Jai Karan Bind and Nand Lal are one and the same person or that the treatment record pertains to the claimant Jai Karan Bind @ Nand Lal.
(ii) The disability certificate proved the disability of 15% in respect of the lower limb but the learned Tribunal has considered the said disability to be 15% in respect of the whole body. It is a case of amputation of great toe of right foot. Thus, the award of compensation of Rs.1,05,000/- on account of pain and suffering, loss of amenities of life and discomfort or inconvenience is also on higher side.
3. I have heard learned counsel for the appellant and carefully gone through the record.
Contention No.1
4. In this case FIR No.140/2010 under Sections 279/338 IPC was registered at PS Lahori Gate on 29.09.2010. The case was registered on the basis of statement made by Sh.Upender Bind, S/o Sh.Jai Karan @ Nand Lal Bind, resident of Village Sarsanda, PS & Tehsil Lakhi Sarai, Bihar but at that time residing at Jhuggi, Mithai Pul, DRP Lines Gate, Lahori Gate. In the said statement, the complainant stated before the police that on the date of occurrence at about 9.45 pm, he alongwith his father was present in front of gate of DRP Lines, Lahori Gate, Mithai Pul when his father entered DRP Lines near the wall on the right side for urinating. While his father was returning, the driver of truck No.HYO 4383 came there driving the said truck in a negligent manner and the said truck overrun the right foot of his father and entered DRP Lines. He chased that truck and overpowered the driver and brought him to the gate of DRP Lines. His father was taken to Aruna Asaf Ali Hospital by PCR Van. The driver of the said truck was identified as Devi Deen, S/o Janki, R/o H.No.113, Chanderlok Colony, Jind, Haryana, who was produced by the complainant before the Investigating Officer. The MLC (at page 489) prepared on 28.09.2010 at 10.30 pm at Aruna Asaf Ali Hospital shows the name of the injured as Nand Lal, resident of Village Sarsanda, Bihar with alleged history of RTA near Mithai Pul, Lahori Gate and patient was brought by HC Ghamman Lal of PCR-955 with crush injuries on right foot. The treatment record produced by the claimant for purpose of seeking compensation was not only of Aruna Asaf Ali Hospital but also of St.Stephen Hospital where he remained under treatment for a long time. The MLC prepared at Aruna Asaf Ali Hopsital records mark of identification as tattoo ‘Nand Lal’ and thumb impression of the injured have also been obtained on the said MLC. Thus, the identity of the injured was never in dispute. It is not the case of the appellant that the claimant in this case was not having amputation of great toe of right foot or the disability certificate Ex.PW1/7 does not pertain to him. It may be noted here that the disability certificate also contains the photograph of the claimant/injured.
5. The thumb impression of the injured not only appeared on the MLC but also on the disability certificate and in case of any su
