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Judgment
G. P. Mittal, J.—These three Appeals (MAC APP.810/2011, MAC APP.787/2011 and MAC APP. 788/2011) arise out of a judgment dated 29.10.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 59,800/-, Rs. 9,500/- and Rs. 9,500/- was awarded in case No.236/2010, 315/2010 and 316/2010 respectively. The finding on negligence is not disputed by the driver, owner and the Insurer. Thus, the same has attained finality.
The Appellants are the mother and two daughters. The compensation awarded by the Claims Tribunal is extracted hereunder:-
Sl. No.
Compensation awarded by the Claims Tribunal under various heads
Petition No. 236/2010
Petition No. 315/2010
Petition No. 316/2010
1.
Treatment Expenses
Rs. 4800/-
Rs. 500/-
Rs. 500/-
2.
Pain & Suffering
Rs. 25,000/-
Rs. 5,000/-
Rs. 5,000/-
3.
Special Diet & Conveyance
Rs. 5,000/-
Rs. 1,000/-
Rs. 1,000/-
4.
Loss of Income
Rs. 25,000/-
Rs. 3,000/-
Rs. 3,000/-
TOTAL
Rs. 59,800/-
Rs. 9,500/-
Rs. 9,500/-
It is urged by the learned counsel for the Appellants that the injuries suffered by them were quite serious in nature.
Appellant Nazma remained admitted in the hospital for 18 days whereas Appellants Isra and Ikra remained admitted for five days. The compensation awarded by the Claims Tribunal is meager and wholly inadequate.
The accident took place at the Peera Garhi Chowk Crossing near IGM workshop Relief Camp, Paschim Vihar, New Delhi. Immediately after the accident, the Appellants were removed to Bhagwan Mahavir Hospital; considering their injuries to be serious, they were again shifted to Safdarjang Hospital.
As per the discharge summary Ex.PW-1/2 the Appellant suffered as many as five fractures i.e (i) Stenoclavicular dislocation right side, (ii) Sacrum (left) fracture transverse process of left side of L4 & L5, (iii) Fracture of body of L4 anterior lateral, (iv) fracture of transverse process (SI) displaced posteriorly, sacroiliac (SI) joint alignment on both sides altered, (v) fracture S2, S3 vertebral transverse process on left side, and (vi) fracture superior and inferior public rami (left).
In her Affidavit Ex.PW-1/A the Appellant Nazma deposed that she had not recovered from her injuries and was still under treatment on the date she was examined in the Court. A perusal of the discharge summary shows that the Appellant was able to lift all the four limbs at the time of her discharge on 27.04.2010. She was advised to report in the OPD on Monday or Thursday as per her needs. Although no medical evidence has been produced as to the exact period of treatment in Safdarjang Hospital or at any other place, yet considering that the Appellant suffered number of fractures, it can be assumed that she suffered lot of pain at the time of accident during the period of hospitalization and thereafter till she recovered. The compensation awarded in view of the above facts is very low. The same is raised as under:-
Sl.No.
Compensation under various heads
Awarded by this Court
1.
Treatment Expenses
Rs. 4800/-
2.
Pain & Suffering
Rs. 40,000/-
3.
Special Diet & Conveyance
Rs. 20,000/-
4.
Loss of Income
Rs. 25,000/-
TOTAL
Rs. 89,800/-
The overall compensation is thus enhanced from Rs. 59,800/- to Rs. 89,800/- which shall carry interest @ 7.5% per annum from the date of filing of the Petition till its payment.
Appellant Isra was aged about 3 years. At the time of her admission in Safdarjang Hospital, Appellant Isra was found to have suffered head injury. She suffered fracture of left frontal and perital bone with other lacerated wounds etc. She remained admitted in the hospital from 09.04.2010 to 12.04.2010. She was discharged on 12.04.2010 with the advice to attend ENT OPD on 19.04.2010.
Considering the nature of injuries and the period of hospitalization and the duration of treatment, the compensation awarded is on the lower side. The same is enhanced as under:-
Sl.No.
Compensation under various heads
Awarded by this Court
1.
Treatment Expenses
Rs. 500/-
2.
Pain & Suffering
Rs. 20,000/-
3.
Special Diet & Conveyance
Rs. 5,000/-
4.
Loss of Play in Childhood
Rs. 3,000/-
TOTAL
Rs. 28,500/-
The overall compensation is thus enhanced from Rs. 9,500/- to Rs. 28,500/- which shall carry interest @ 7.5% per annum from the date of filing of the Petition till its payment.
The Appellant Ikra was admitted to Safdarjang Hospital on 09.04.2010 with the history of loss of consciousness. She was bleeding from the nose. She suffered fracture in left temporal and parital bones. She also remained admitted in the hospital from 09.04.2010 to 12.04.2010. She was discharged on 12.04.2010 with advice to attend the OPD on 20.04.2010.
Considering the nature of injuries and the period of hospitalization and the duration of treatment, the compensation awarded is on the lower side. The same is enhanced as under:-
Sl.No.
Compensation under various heads
Awarded by this Court
1.
Treatment Expenses
Rs. 500/-
2.
Pain & Suffering
Rs. 20,000/-
3.
Special Diet & Conveyance
Rs. 5,000/-
4.
Loss of Play in Childhood
Rs. 3,000/-
TOTAL
Rs. 28,500/-
The overall compensation is thus enhanced from Rs. 9,500/- to Rs. 28,500/- which shall carry interest @ 7.5% per annum from the date of filing of the Petition till its payment.
Respondent No.3 the Oriental Insurance Company Limited is directed to deposit the enhanced compensation along with interest with the Claims Tribunal within six weeks.
60% of the enhanced compensation shall be held in fixed deposit in the name of the Appellants for a period of two years. Rest shall be released to them on deposit.
The Appeals are allowed in above terms. Pending Applications stand disposed of.