Amarjit Singh v. Raju & Ors.

1. The appellant had suffered injuries in a motor vehicular accident that had occurred on 18.12.2009, due to negligent driving of Indica car bearing registration No.DL-1YA-1408, by the first respondent. He instituted accident claim case (Petition No.270/10), on 15.04.2010, seeking compensation impleading the said person (driver) as party respondent in addition to second and third respondents, they being the owner and insurer respectively of the car. The tribunal held inquiry and, by judgment dated 28.08.2012, awarded compensation in the total sum of Rs.3,11,019/-, fastening the liability on the third respondent to pay with interest @ 7.5% per annum, calculating it thus:- 2017:DHC:7718

┌────────────────────────────────────────────────────────────────────────────────────┐
│ Sl.No.                        Heads                      Amount (in Rs.)           │
├────────────────────────────────────────────────────────────────────────────────────┤
│      1.      Towards medical bills                                     12,160/-    │
│      2.      Towards loss of future income                            2,22,000/-   │
│      3.      Towards loss of income during                             11,859/-    │
│              receiving treatment for one month                                     │
│      4.      Towards better diet                                       10,000/-    │
│      5.      Towards conveyance                                        10,000/-    │
│      6.      Towards attendant                                         10,000/-    │
│      7.      Towards pain and suffering                                35,000/-    │
│                                                 Total                 3,11,019/-   │
│ 2.        It may be added here, that in the assessment of the tribunal, the        │
└────────────────────────────────────────────────────────────────────────────────────┘

8. Indeed, the rate of interest levied is on the lower side. Following the consistent view taken by this Court, the rate of interest is increased to nine per cent (9%) per annum from the date of filing of the petition till realization. [see judgment dated 22.02.2016 in MAC.APP. 165/2011 Oriental Insurance Co Ltd v. Sangeeta Devi & Ors.].

9. The award is modified as above.

10. The insurer is directed to satisfy the enhanced award by requisite deposit with the tribunal within thirty days, making it available to be released to the claimant in terms of impugned award.

11. The appeal stands disposed of in above terms. R.K.GAUBA, J. DECEMBER 11, 2017 vk