Tek Narayan Shastri v. Sukhbir Singh & Ors

1. This appeal has been filed assailing the impugned awarded dated 6th January 2018 passed by the Motor Accident Claims Tribunal, Patiala House Courts, Delhi (‘MACT’) in MACP No.419/2016 seeking enhancement of compensation awarded in favour of appellant/claimant. The accident occurred on 5th March 2015 at about 11:40 AM in front of Banwari Lal Hospital at Panchkuia Road, New Delhi, resulting in registration of FIR No.87/2015 at PS Mandir Marg. MAC.APP. 479/2018 2 of 6

2. The offending vehicle was a DTC bus bearing registration no. DL- 1PC-8698 which at the relevant time was being driven by respondent no.1 herein. MACT held that injuries sustained were as a result of rash and negligent driving of respondent no.1. The DTC bus was owned by respondent no.2 and insured by respondent no.3.

3. As regards the compensation, there are two aspects which are pressed by Mr. Manish Maini, counsel for claimant; firstly, that considering injured/claimant was 65 years of age on the date of accident and suffered amputation of the right leg, the non-pecuniary damages on account of mental or physical shock, pain and suffering and loss of amenities was collectively awarded at Rs.60,000/-, the same being highly inadequate. He relies upon the decision of Supreme Court in Mohd. Sabeer alias Shabir Hussain v. Regional Manager, U.P. State Road Transport Corporation., AIR 2023 SC 186, where in a similar situation of 70% disability and amputation, non-pecuniary compensation of Rs. 2,00,000/- each was awarded towards pain and suffering, loss of amenities, and disability/disfigurement. The relevant paragraphs are extracted as under:

26. In light of the above decision of this Court and the facts and circumstances of the case at hand, the compensation to be awarded is as follows:

I. Compensation for pain and suffering — Rs 2,00,000

II. Compensation for loss of amenities of life — Rs

2,00,000

III. Compensation for disability and disfigurement —

4. He states that in this case too, appellant was working as an Astrologer and has been certified with 70% disability in relation to his right lower limb.

5. Secondly, it was contended that amount awarded towards attendant charges, conveyance and special diet, collectively given at Rs.60,000/- (Rs. 20,000/- under each head) was inadequate. He states that considering the situation of the injured/claimant who is on the wheelchair due to amputation of his right leg, the requirement of an attendant is unavoidable and, therefore, the amount given on that account is highly inadequate. The recent photographs of appellant have been placed on record by means of an application and the Court has perused the same.

6. Counsel for Insurance Company, however, states that accident had occurred in 2015, MACT’s award came in 2018 and the compensation awarded on that account was adequate. He further states that as part of the compensation, Rs.3,00,000/- has been awarded on account of artificial limb.

7. In this view of the matter, on a considerate view and taking into account the decision of Supreme Court in Mohd. Sabeer (supra), nonpecuniary compensation collectively awarded at Rs.60,000/-, is enhanced to amount of Rs. 4,50,000/-, granting Rs. 1,50,000/- each on account of mental or physical shock, pain and suffering, and loss of amenities.

8. Regards the attendant charges, awarded at Rs 20,000/-, the amount is enhanced to Rs.2,70,000/- (by additional amount of Rs.2,50,000/-), MAC.APP. 479/2018 5 of 6 taking into account the expenses incurred by the claimant.