2018 Supreme(Del) 1683
IN THE HIGH COURT OF DELHI AT NEW DELHI
SUNIL GAUR, J.
VIRENDER KUMAR - Appellant
Versus
MUKESH KUMAR & ORS - Respondents
MAC.APP. 62 OF 2012
Decided On : 23-07-2018
For the Appellant :Ms. Uma Khokhar, Advocate
For the Respondent:Mr. Pankaj Seth, Advocate
The main legal point established in the judgment is the court's authority to reassess and enhance the compensation for various components, including medical expenses, attendant charges, pain and sufferings, and loss of amenities of life, based on the evidence presented.
Headnote:
Motor Vehicle Act - Compensation - Section 166, 140 - 3, 279, 337 IPC - [The judgment discusses the provisions of Section 166 and 140 of the Motor Vehicle Act, as well as Section 3, 279, and 337 of the Indian Penal Code. The court analyzes the evidence and assesses the compensation for permanent disability caused by a vehicular accident, considering medical expenses, loss of earning capacity, attendant charges, conveyance and special diet, pain and sufferings, and loss of amenities of life. The court also addresses the issue of future medical expenses and grants interest on the awarded compensation.]
Fact of the Case:
The appellant, Virender Kumar, sought compensation for permanent disability caused by a vehicular accident. The Tribunal awarded compensation of Rs.17,41,600, which the appellant found inadequate and sought enhancement.
Finding of the Court:
The court found that the compensation for medical expenses, attendant charges, pain and sufferings, and loss of amenities of life needed enhancement. It also addressed the issue of future medical expenses and granted interest on the awarded compensation.
Issues: The main issue was the adequacy of the compensation awarded by the Tribunal, particularly regarding medical expenses, attendant charges, and pain and sufferings.
Ratio Decidendi: The court decided to enhance the compensation for medical expenses, attendant charges, pain and sufferings, and loss of amenities of life based on the evidence presented. It also addressed the issue of future medical expenses and granted interest on the awarded compensation.
Final Decision: The court enhanced the compensation amount payable from Rs.17,41,600 to Rs.30,77,960 and directed the Insurer to deposit the enhanced compensation with the Tribunal. It also granted interest on the awarded compensation and provided directions for disbursement.
1. Impugned Award of 20th September, 2011 grants compensation of Rs.17,41,600/- with interest @ 7.5% per annum to appellant/injured-Virender Kumar, aged 26 years, on account of grievous injury suffered by him in a vehicular accident, which took place on 3rd May, 2008. The facts, as noticed in the impugned Award, are as under:-
“The petitioner has filed the present claim petition by way of the present petition under Section 166 and 140 of the Motor Vehicle Act seeking compensation for permanent disability caused by the accidental injuries sustained by the petitioner. It is the case of the petitioner that on 03.05.08 at about 12 O’clock, he was standing on extreme left of road near Karala Village at Kirala T Point near Murli Sweets. In the meanwhile, a Tata Truck LP-2515, bearing no. HR-55F-9373 which was being driven in a rash and negligent manner came from Kanjhawala side and was going towards Mundka side, suddenly hit him from its left side and ran over his both legs. It is further alleged that after the occurrence of this accident, the driver of the offending vehicle had stopped the truck and was caught red handed on the spot by the public persons who were present there. The friend of petitioner and other people called the PCR and gave information regarding grievous injuries and fracture on both his legs and other parts of body. After some time of the accident, petitioner was admitted in Sanjay Gandhi Memorial Hospital, Delhi by his friend. It is alleged that in the hospital, doctors provided the petitioner immediate medical help but his condition continued to be critical and, therefore, on 04.05.08, petitioner was taken to Maharaja Aggarsen Hospital by his family members for providing better medical facilities, where 30 bottles blood was transfused to the petitioner and he remained admitted at Agrasen Hospital as an indoor patient for one month. It is further the case of the petitioner that his right leg was operated by the doctors and a rod was inserted and again his second operation was done and skin grafting of his right leg was conducted again. The surgery of his left leg was postponed. It is the case of the petitioner that again on 19.06.2008, his second operation was conducted and he was again discharged from the hospital on 23.06.08 and thereafter, he is bed ridden in his house. It is claimed that the petitioner has incurred medical expenditure of more than Rs. 3 lacs on his treatment and his treatment is still continuing. At the stage of evidence, petitioner deposed that he has incurred expenditure of Rs. 5.5 Lacs and later during further proceedings, some more medical bills have been filed. The FIR No. 75/2008 dated 03.05.08 under Section 279/337 IPC at PS Kanjhawala was registered against the driver/respondent No. 1, and the driver was arrested. It is the case of the petitioner that the offending Truck was being driven by respondent No. 1 at a very high speed in a rash, negligent and reckless manner, as a result of which, it hit the petitioner causing him to fall down on the road thereby sustaining grievous injuries resulting in permanent disability.”
2. To render the impugned Award, learned Motor Accident Claims Tribunal (hereinafter referred to as “the Tribunal”) has relied upon evidence of appellant-injured and as per the Disability Certificate (Ex. PW2/118), Injured had suffered 96% permanent disability in relation to both lower limbs and the Tribunal has assessed the functional disability at 80%. The breakup of compensation awarded by the Tribunal is as under:-
Loss of earning capacity
Rs.11,01,600/-
Medical expenses
Rs. 5,00,000/-
Attendant Charges
Rs. 20,000/-
Conveyance and special diet
Rs. 20,000/-
Pain and sufferings
Rs. 1,00,000/-
Total
Rs. 17,41,600/-
3. Learned counsel for appellant-Injured submits that the quantum of compensation granted is