J U D G M E N T

1. This judgment shall decide the present appeal filed by the appellant/claimant-injured under Section 173 of the Motor Vehicles Act1, 1988 assailing the Impugned Judgment cum award dated 05.09.2018 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, North West District, Rohini Courts, Delhi2 whereby total compensation in the sum of Rs. 66,00,000/- (Rupees Sixty-Six Lacs only) with interest @ 9% per annum from the date of filing of the Claim petition till realisation has been awarded in the favour of the appellant in MACT Petition No. 49407/20163 titled as “Sh. Jagjot Singh v. Sh. Om Prakash & Anr.”. The appellant/claimant-injured has primarily agitated that the compensation granted has been award on

1 M. V. Act

2 Tribunal

3 Claim Petition the lower side disregarding 100% Permanent Locomotor Disability suffered by the appellant/claimant-injured due to the accident.

FACTUAL BACKGROUND:

2. Briefly stated, it was the case of the appellant/claimant-injured that on 15.10.2012, while driving his motorcycle bearing registration No. DL-8S-AL-3177, he was returning to his residence at Jahangirpuri via under pass of Azadpur, Delhi at around 07:15 am when he was hit by the offending vehicle (Bajaj Auto delivery Van) bearing registration No. DL-1L/H-27544, driven by the respondent No. 1, in a rash and negligent manner from the wrong side of the flyover. Consequently, the appellant was thrown off the motorcycle on the road, sustaining multiple grievous injuries all over his body and he remained under prolonged medical treatment thereafter, which incidentally is continuing till this date and would continue indefinitely.

3. Unfortunate as it would look, the appellant has incurred a 100% Permanent Locomotor Disability and has been rendered in a vegetative state since the accident, lying in a coma. At the time of the accident the appellant was a 19-year-old, First Year B. Com student studying at Delhi University. The respondent No. 1, the driver-cum- owner of the offending vehicle, stated in his written statement that the offending vehicle was insured with United India Insurance Co. Ltd. at the time of the accident. He further asserted that the accident resulted from the appellant‟s negligence and not his own fault. The offending vehicle was admittedly insured for third party risks.

PROCEEDINGS BEFORE THE TRIBUNAL AND THE IMPUGNED JUDGMENT:

4. Based on the pleadings of the parties, the learned Tribunal on

01.12.2015 framed the following issues: -

“1. Whether on 15.10.2012 at about 9:10 am (time should be 7:15 am and be read accordingly), at Azadpur flyover under pass Delhi, Azadpur, one champion Auto green colour bearing registration no. DL-1LH-2754, which was being driven rashly and negligent by Om Prakash hit the motorcycle make Yamaha Gladiator of black colour bearing registration no. DL-8S-AL-3177 and caused injuries to Jagjot Singh?

2. Whether petitioner is entitled to compensation, if so, to what amount and from whom?

3. Relief.”

5. The learned Tribunal ruled in favor of the appellant/claimant- injured on Issue No.1, determining that the accident resulted from the negligent driving of Respondent No.1, causing grievous injuries to the appellant/claimant-injured.

6. As regards decision on the Issue No. 2 is concerned, the learned Tribunal has awarded compensation in the sum of Rs. 66,00,000/- (Rupees Sixty-Six lakhs only) with interest @ 9 % per annum. The liability to pay the compensation was fastened upon the shoulders of the insurance company/respondent No. 2.

GROUNDS OF THE APPEAL:

7. The appellant/claimant-injured has assailed the impugned judgement, asserting that the awarded compensation is insufficient and challenges the arrangement for future medical expenses, particularly in light of the appellant‟s/claimant-injured‟s 100% Permanent

4 Offending Vehicle Locomotor Disability. The appellant/claimant-injured contends that the correct multiplier has not been applied in order to ascertain the future medical expenses.