In a significant ruling by the Delhi High Court, a compensation amount of Rs. 13,02,403 has been awarded to the victim of a motor accident near Vishal Mega Mart, Nangloi, Delhi. The case involved severe injuries suffered by the claimant, leading to permanent disabilities and financial losses. The judgement addresses various pecuniary and non-pecuniary aspects to ensure fair compensation for the motor accident victim.
Facts
- A motor accident occurred on 10.03.2014 at 07:50 a.m. near Vishal Mega Mart, Nangloi, Delhi, involving Haryana Roadways Bus No HR-61-A-5438 hitting the claimant while she was crossing the road.
- The claimant suffered severe injuries due to the accident.
- The bus was being driven recklessly by Dhiyan Singh, and the General Manager of Haryana Roadways was the owner of the vehicle.
- The offending vehicle was insured with Raj Kumar v. Ajay Kumar.
- The claimant was awarded a total compensation of Rs. 7,43,377 for various pecuniary and non-pecuniary heads, including medical expenses, loss of earning, and pain and suffering.
- The compensation also included interest at 9% per annum from the date of filing of the DAR i.e. 21.04.2014.
- The insurance company was held liable to pay the compensation as the offending vehicle was insured to cover third party risks.
Arguments
- Loss of earning capacity or functional disability assessed at 25% deemed appropriate
- Gratuitous amount in the nature of loss of earnings for the period of medical treatment questioned due to short hospitalization period
- Attendant charges wrongly assumed at Rs. 2,000/- per month, disregarding testimony of Ms. Mohsina Parveen
- Compensation towards non-pecuniary heads assessed at low scales, urged to be enhanced
- Discrepancy in notional income assessment based on minimum wages for a non-matriculate pointed out by appellant/insurance company
- Request for enhancement of compensation under pecuniary and non-pecuniary heads due to failure to consider potential future income growth
Analysis
- The claimant, aged 34 at the time of the accident, suffered permanent disability affecting her ability to stand, walk, run, climb stairs, and squat.
- The attendant charges were justified at Rs. 3,000 per month post-accident, in addition to her prior salary as a maid servant.
- Permanent disability of 44% in the right lower limb and left upper limb was confirmed by the permanent disability certificate.
- The Tribunal rightly considered minimum wages at Rs. 8,918 per month for a non-matriculate individual, but a 40% increase for future prospects should be included.
- Functional disability should be enhanced to at least 32% given the nature of the claimant’s injuries.
- Total compensation for loss of earning/functional disability calculated at Rs. 1,49,822.4 annually.
- Claimant’s role as a homemaker and difficulty in performing household tasks and taking care of children noted.
- Given the unlikely improvement in locomotor impairment and 32% functional disability, total compensation with a multiplier of 16 amounts to Rs. 7,67,091.
Decision
- The appellant insurance company must forfeit the statutory amount of Rs. 25,000/- to the state.
- The loss of future earnings due to functional disability is calculated at Rs. 7,67,091/-.
- The total compensation amount is determined to be Rs. 13,02,403/-.
- Conveyance charges are increased to Rs. 25,000/- and attendant’s charges to Rs. 21,000/-.
- Compensation for pain and suffering and loss of amenities is increased to Rs. 1.5 Lacs each.
- The appellant is directed to deposit the enhanced compensation amount with accrued interest within four weeks.
- No interference is required with the reimbursement of medical expenses at Rs. 92,968/-.
- No changes are needed in the interest rate awarded by the Tribunal at 9% per annum.
- The appeal by the appellant insurance company is dismissed.
Case Title: NEW INDIA ASSURANCE CO LTD Vs. SALIYA BEGUM @ SARLA & ORS (2024:DHC:3894)
Case Number: MAC.APP.-411/2017
