In a significant legal verdict, the Delhi High Court adjudicated on the compensation case between Haryana Roadways Bus and the injured claimant, who suffered severe injuries in a motor accident near Vishal Mega Mart, Nangloi. The court’s decision addressed various heads of compensation, including medical expenses, loss of earnings, and pain and suffering. Stay informed about this case involving the claimant’s quest for justice and fair compensation.
Facts
- A motor accident occurred on 10.03.2014 near Vishal Mega Mart, Nangloi, Delhi involving a Haryana Roadways Bus (No. HR-61-A-5438) and the claimant
- The claimant suffered grievous injuries as a result of being hit by the bus driven by Dhiyan Singh, with General Manager Haryana Roadways being the owner
- The claimant was awarded a total compensation of Rs. 7,43,377/- under various heads including medical expenses, loss of earnings, and pain and suffering
- The compensation also included interest at a rate of 9% per annum from the date of filing the DAR on 21.04.2014
- Since the offending vehicle was insured for third party risks, the appellant/insurance company was held liable to pay the compensation
Arguments
- Loss of earning capacity or functional disability assessed at 25% but gratuitous amount awarded for period of medical treatment deemed excessive
- Claimant’s testimony regarding attendant charges and salary not considered properly by the learned Tribunal
- Compensation for non-pecuniary heads ruled to be at low scales and should be enhanced
- Appellant’s counsel argues claimant’s failure to provide proof of educational qualifications and errors in assessment of notional income
- Claimant’s counsel seeks enhancement of compensation under both pecuniary and non-pecuniary heads
Analysis
- The claimant, a homemaker, faced a permanent locomotor disability reducing her ability to perform daily activities like standing, walking, and climbing stairs.
- The attendant charges were justified based on increased salary post-accident and set at Rs. 3,000 per month for 7 months.
- Permanent disability of 44% in right lower limb and left upper limb was confirmed by PW-4 and documented in the certificate.
- The tribunal calculated compensation for loss of earning capacity at Rs. 12,485.2 per month with a future prospects increase of 40%.
- Functional disability should be enhanced to at least 32% due to the severity of injuries suffered by the claimant.
- The claimant’s daily tasks as a homemaker and caretaker for her children would now be difficult and painful due to the disability.
- Considering the permanent nature of the impairment, a total compensation of Rs. 7,67,091 was deemed justifiable by the Court.
Decision
- The appellant insurance company must forfeit the statutory amount of Rs. 25,000/- to the state.
- The total compensation awarded is Rs. 13,02,403/- which includes various components such as loss of future earnings, medical expenses, conveyance charges, attendant’s charges, pain and suffering, and loss of amenities of life.
- The compensation towards pain and suffering and loss of amenities is increased to Rs. 1.5 Lacs each considering the nature of injuries, prolonged treatment, and permanent disability suffered by the claimant.
- The appellant/Insurance Company is directed to deposit the enhanced compensation with accrued interest within four weeks or pay penal interest at 12% per annum.
- The total compensation is recalculated and found to be Rs. 21,000/-.
- No interference is required with the interest awarded by the learned Tribunal at 9% per annum from the date of filing of DAR.
Case Title: SALIYA BEGUM @ SARLA Vs. DHIYAN SINGH & ORS (THE NEW INDIA ASSURANCE CO LTD) (2024:DHC:3894)
Case Number: MAC.APP.-964/2016
