High CourtsSingle Bench(2020) 12 DEL CK 0966

Uttar Pradesh State Road Transport Corporation (UPSRTC) vs Sh. Hariom & Anr.

Delhi High Court, New Delhi · Decided on 7 December 2020

HON’BLE JUDGES
Najmi Waziri, J
RESULT
Dismissed
CASE NUMBER
MAC.APP. 252/2020, CM APPL. 31534/2020 & CM APPL. 31535/2020; MAC.APP. 255/2020, CM APPL. 31560/2020 & CM APPL. 31561/2020; MAC.APP. 257/2020, CM APPL. 31564/2020 & CM APPL. 31565/2020

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Judgment

16 paragraphs · 461 words

The hearing was conducted through video conferencing.

1 These appeals impugn the award of compensation dated 13.07.2020.

2 The injured suffered injuries in an unfortunate motor vehicular accident, in which they lost their family member, when the offending vehicle approaching from the wrong side had hit their Bolero Jeep. All the family members travelling in the jeep were injured; the father passed away.

3 Apropos injuries to the claimants, the learned Trial Court held as under:

" Petition No. 75494/16 injury case of Meenakshi

12.

In the present case, petitioners Meenakshi had claimed that she had been employed earlier in the Aganbadi, Delhi as a helper and she was earning Rs.2500/-per month. She had also placed on record copy of treatment card Ex.PW1/3. The treatment card Ex.PW1/3 is undisputed. As per PW1/3, she suffered minimal displaced fracture left temporal bone, though the normal brain parenchyma was found. The doctor had advised her to take medicine for seven days. She was asked to appear in OPD after one week. The injuries on the person of the petitioner was such that she must have remained out of work at least for three months. The loss of income comes to Rs.7,500/- (Rs.2500 x 3).

Thus, I award Rs.7500/- to the injured Meenakshi towards loss of income. I award him Rs.75,000/- towards pain and sufferings and enjoyment of life. The petitioner Meenakshi has placed on record medical bill of Rs.777/-. I therefore, award Rs.777/- to the petitioner Meenakshi towards medical expenses.

Petition No.75495/16 (Hariom)

13.

In the present case, petitioner Hariom sustained injuries on his nose and took the treatment from the doctor in his locality.

Looking into all the facts and circumstances of the case, I award a lumpsum amount of Rs.25,000/- to the petitioner Hariom.

Petition No. 75566/16 (injury case of Mukesh)

14.

In the present case, petitioner Mukesh had claimed damages for the injuries sustained by him in road accident. Mukesh had sustained injuries on the scalp i.e. 4.2 cm. He was found tentorial bleed in left side and X-ray was also done. He had also placed on record bill amounting to Rs.581/-. He had also enclosed receipt of Rs.1000/- for dressing of Aaisha Medical Centre. Therefore, I award Rs.1581/- towards the medical expenses.

Considering the circumstances and nature of injuries sustained by him on the scalp as well as considering the MLC on record, I also award Rs.50,000/- to the petitioners Mukesh."

4 In each of the cases, the Court had noted that the injured had suffered substantial injuries which required to be compensated.

5 In view of the above, the impugned order calls for no interference. The appeals are without merit and are accordingly dismissed. The pending applications are also dismissed.

6 The order be uploaded on the website forthwith.