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2012 Supreme(Online)(DEL) 1395

HIGH COURT OF DELHI
DEV BRAT TIWARI – Appellant
Versus
STATE (NCT OF DELHI) & ORS. – Respondent


J U D G M E N T

G. P. MITTAL, J. (ORAL)

1. The Appeal is for enhancement of compensation of ‘1,12,200/-

awarded to the Appellant for having suffered injuries in a motor accident which occurred on 11.01.1992.

2. During inquiry before the Motor Accident Claims Tribunal (the Claims Tribunal) it was established that the Appellant suffered head injury with facio maxillary injury (right), fracture lower end of radius (left), compound and comminuted fracture, tibia and fibula (left) and fracture right mandible. He (the Appellant) was working as an Air Craftsman in Indian Air Force and was getting a salary of ‘1,500/- per month on the date of the accident.

3. The Claims Tribunal awarded a compensation of ‘1,12,200/-

which is tabulated hereunder:-

Sl.No. Compensation under various heads Awarded by the Claims Tribunal
1. Medicines ‘1,000/-
2. Conveyance ‘ 2,000/-
3. Special Diet ‘ 5,000/-
4. Loss of Leave ‘ 3,000/-
5. Pain & Suffering ‘ 40,000/-
6. Permanent Disability, Loss of Earnings, Loss of Enjoyment, Amenities in Life and Frustration ‘ 61,200/-
Total ‘ 1,12,200/-

4. The Appellant’s grievance is that although, it was established before the Claims Tribunal that he

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