Rahul v. Nepal Singh & Ors.

1. For the reasons mentioned in the applications, the delay in filing and re-filing of the appeal is condoned.

2. The applications stand disposed off. MAC APP. 585/2019

3. The appellant/injured impugns the award of compensation dated 14.11.2018 passed by the learned MACT in MACT Petition No. 487-12 (New No. 50111-16) on the ground that the he had sustained grievous injuries in the motor vehicular accident which occurred on 21.09.2012 and the learned Tribunal has erred in considering the same.

4. The learned counsel for the appellant submits that the appellant was treated at Sanjay Gandhi Hospital, Mangol Puri, Delhi, and a Disability Certificate was issued to him, certifying that he has suffered 16% permanent 2019:DHC:6502 disability in relation to right lower limb and he was diagnosed with post traumatic stiffness of right hip. He was merely 16 years of age at the time of the motor accident. The learned Tribunal considered his functional disability apropos his whole body as 10%. It held, inter alia, as under: ".....In the present case, the petitioner suffered grievous injuries with 16% permanent disability in relation to right lower limb. PW[3] has deposed that the petitioner could sell the vegetables on rehri, however, he would face some difficulty in squatting and cross leg sitting. He further deposed that the fracture has united, the patient need not take out the inserted rod and it might be taken out if he feels any difficulty. From the material available on record, the functional disability suffered by the claimant in the case at hand is taken as 10% in relation to whole body......"

5. The Court would note that the learned Tribunal has granted him Rs. 1,00,000/- towards 'pain and suffering' and Rs. 25,000/- towards mental agony to the parents whose minor child is suffering from the trauma of an unfortunate accident. The aforesaid amounts were granted to the appellant/injured in view of the decision of the Supreme Court in Kumari Kiran Thr. Her father Harinarayan vs. Sajjan Singh & Ors., (2015) 1 SCC 539 and in terms of the decision of this Court in MAC. APP. 345/2011 titled as National Insurance Co. Ltd. vs. Baby Heena & Ors., decided on 14.03.2016. The appellant/injured was also granted Rs. 1,00,000/- towards 'permanent disability/loss of amenities' in terms of Master Mallikarjun vs Divisional Magistrate, National Insurance Co. Ltd.& Anr., (2014) 14 SCC

396. Sundry amounts had also been granted by the learned Tribunal towards medical expenses, attendant, transport, special diet and future medical expenses and loss of life.

6. The Court is of the view that for an adolescent of mere 16 years, who had an entire life of promise ahead of him, has been condemned to a life time of suffering, along with stiffness in his hip, which would constrain him in running. Accordingly, the quantum towards 'permanent disability/loss of amenities' is enhanced to Rs. 2,00,000/-. Apropos this issue, this Court in MAC APP. 489/2019 titled as National Insurance Co. Ltd. vs. Shivani & Ors,, decided on 24.04.2019, while examining the permanent injury sustained by a six year old girl, had enhanced the compensation towards 'pain and suffering' from Rs. 1,00,000/- to Rs. 5,00,000/- for the following reasons:-

A Special Leave to Appeal (C) No. 19579/2019 against the abovementioned order was dismissed on 23.08.2019.

7. The appellant/injured is a vegetable vendor and earning his livelihood to assist his family. He was rendered disabled after the said unfortunate accident, while the disability for a year has not been proven. Nevertheless, his 16% permanent disability in the right lower limb is now certified by the Disability Certificate. The movement of his body in dealing with customers while vending vegetables, etc. would surely be restricted, and would be a cause for personal suffering. Also, he would not be able to play with his friends. In the circumstances, the quantum towards 'pain and suffering' is enhanced from Rs. 1,00,000/- to Rs. 5,00,000/-.

8. The learned Tribunal has granted compensation towards 'cost of nursing/attendant' @ Rs. 15,000/-. With regard to the nature of the disability suffered by the young man, he would surely require an attendant at all times. In the circumstance, the compensation on the aforesaid head is enhanced from Rs. 15,000/- to Rs. 2,00,000/-.

9. Accordingly, the amount payable to the appellant/injured shall be as under: S.No. Particulars Amount

1. Permanent disability/loss of amenities Rs. 2,00,000/-

2. Pain and suffering Rs. 5,00,000/-

3. Cost of nursing/attendant Rs. 2,00,000/- TOTAL Rs. 9,00,000/-