Full Text
HIGH COURT OF DELHI
Date of Decision: 12th April, 2018
PULKIT AGGARWAL ..... Appellant
Through: Appellant in person
Through: Mr. Arun Yadav, Advocate for respondent No.1
JUDGMENT
1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.2,37,122/- has been awarded to the appellant. The appellant is seeking enhancement of the compensation amount.
2. The accident dated 06th July, 2016 resulted in grievous injuries to the appellant. The appellant suffered 7 cm. X 3 cm. deep cut starting from the forehead upto head/scalp for which he was initially taken to Mool Chand Hospital and thereafter, taken to Sunder Lal Hospital for minor surgery on 07th July, 2016. The appellant has suffered a scar over his head and forehead.
3. The Claims Tribunal awarded Rs.90,000/- towards expenditure on medical expenses, Rs.15,000/- towards special diet, Rs.30,000/- towards pain and suffering and Rs.1,02,122/- towards loss of income. The total 2018:DHC:2396 MAC. APP. 692/2017 compensation awarded is Rs.2,37,122/-.
4. The appellant submits that no compensation has been awarded under the heads of loss of amenities of life, disfiguration and loss of marriage prospects. The appellant seeks enhancement of compensation under the pecuniary and non-pecuniary heads.
5. This Court is of the view that the appellant is entitled to compensation under the heads of loss of amenities of life, disfiguration as well as loss of marriage prospects. Considering the injuries suffered by the appellant, Rs.30,000/- is awarded towards loss of amenities of life, Rs.50,000/- is awarded towards disfiguration and Rs.50,000/- is awarded for loss of marriage prospects. The compensation awarded under the other pecuniary and non-pecuniary heads is fair and reasonable and does not warrant any interference.
6. The appeal is allowed and the compensation amount is enhanced from Rs.2,37,122/- to Rs.3,67,122/- along with interest @ 9% per annum from the date of institution of the claim petition i.e. 08th February, 2017.
7. The enhanced amount be paid to the appellant by transferring the same to his savings bank account bearing No.01441530002823 with HDFC Bank, East Patel Nagar Branch (IFSC: HDFC0000144) within four weeks.
8. Copy of this judgment be given dasti to counsels for the parties under signatures of the Court Master.
APRIL 12, 2018 J.R.MIDHA, J. rsk