SHRIRAK GENERAL INSURANCE CO. v. KUMARI MONKIA & ORS.

1. The present appeal is preferred against the impugned award dated 05.01.2012, whereby the learned Tribunal has granted compensation for an amount of Rs.5,63,650/- with interest at the rate of 7.5% per annum from the date of filing of the petition till realization of the amount. 2014:DHC:1435

2. PW[1] Sh. Manish Kumar, father of the injured has deposed that the respondent No.1 suffered grievous injuries and was taken to Yashoda Hospital, Ghaziabd, from where she was taken to GTB Hospital, Shahdara, Delhi, on 08.09.2009 and was discharged on 26.10.2009. She remained outdoor patient upto July, 2010. Her left leg was amputated and she had suffered disability of 65%. At the time of the accident, she was aged around five years.

3. As per the disability certificate, the respondent No.1 suffered 65% disability. She had to live whole life as a physically disabled person. She will bear pain and suffering throughout her life. Due to amputation of leg, being a girl, will suffer more on account of marriage prospects.

4. Keeping in view the age of the injured, nature of injuries and the disability suffered by her, the learned Tribunal has granted compensation as under:- “1 Compensation towards pain and sufferings Rs.1,00,000/- 2 Compensation towards loss of amenities and enjoyment Rs.1,00,000/-

7 Expenses towards medical bills Rs. 4,897/- 8 Compensation towards conveyance and special Rs. 30,000/diet (without bills)

9 Compensation towards loss of studies Rs. 25,000/- Therefore, in my opinion the petitioner is entitled to Rs. 5,63,647/-(rounded off to Rs. 5,63,650/-) which shall be the just compensation to petitioner.”

5. As raised by learned counsel for the appellant/Insurance Company, the compensation granted towards loss of amenities and enjoyment covers the loss of marriage prospects also and submitted that the learned Tribunal has erred in granting separate amount of Rs.75,000/- towards loss of marriage prospects.

6. The loss of amenities and enjoyment of life and loss of marriage prospects are altogether different aspects. In the Indian Society, it is difficult to get a suitable match for a physically disabled girl as a normal boy will, in all probability, not prefer to marry a disabled girl. Probably, the marriage proposals, in any circumstance, will not as per her choice and compatibility.

7. In view of the above, I do not find any substance in the instant appeal. The same is accordingly dismissed.

8. At this stage, learned counsel appearing on behalf of the respondent No.1/claimant submits that father of the respondent No.1 has expired on 09.10.2014. At present she is around nine years old and mother of the injured requires some amount to take care of her education and day-to-day affairs, therefore, he requests to release some amount in favour of the respondent No.1.

9. In view of the facts noted above, the Registrar General of this Court is directed to release an amount of Rs.2,00,000/- in cash in favour of the respondent No.1/claimant and rest of the amount shall be kept in the form of FDR in terms of the order dated 05.01.2012 and quarterly interest shall be released in the saving bank account maintained by mother of the respondent No.1.

10. The statutory amount shall be released in favour of the appellant/Insurance Company. CM No.7228/2012 (for stay) With the disposal of the appeal itself, this application has become infructuous. The same is dismissed accordingly.

SURESH KAIT, J. MARCH 14, 2014 sb