Punit Sharma v. Anil Kumar and Ors.

Delhi High Court · 28 Nov 2017 · 2017:DHC:7324
R. K. Gauba
MAC App. No.922/2012
2017:DHC:7324
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal challenging the adequacy of compensation awarded for injuries in a motor vehicle accident, holding the Tribunal's award just and adequate in absence of permanent disability.

Full Text
Translation output
MAC App. No.922/2012 HIGH COURT OF DELHI
Date of Decision: 28th November, 2017 MAC. APPEAL No.922/2012
PUNIT SHARMA ..... Appellant
Through: None.
VERSUS
ANIL KUMAR AND ORS .….Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT
(ORAL)

1. The appellant was the claimant before the Motor Accident Claims Tribunal in accident claim case (MACT Suit No.125/10) instituted on 14.02.2008, whereby he had sought compensation under Sections 166 and 140 of Motor Vehicles Act, 1988 for injuries suffered by him in a motor vehicular accident that had occurred on 16.04.2007.

2. The Tribunal held inquiry and, on the basis of evidence led, accepted the said claim and awarded compensation in the sum of Rs.1,17,000/-, this inclusive of Rs.70,000/- for expenditure on treatment, Rs.10,000/- for pain and suffering, Rs.5,000/- for special diet and conveyance, Rs.8,000/- for attendant charges and Rs.24,000/- for loss of income. 2017:DHC:7324 MAC App. No.922/2012

3. The present appeal was filed with the grievance that the compensation awarded is inadequate. It was put in the list of “Regulars” as per order dated 23.03.2016. When the matter is called out in its turn, there is no appearance on either side.

4. A perusal of the memo of appeal reveals that the only specific grievance raised is with regard to the award being inadequate under the head of attendant charges. In the given facts and circumstances, where there is no case made out of any permanent disability, the plea cannot be accepted. The award, as granted by the Tribunal, is found to be just and adequate.

5. The appeal is dismissed. R.K.GAUBA, J. NOVEMBER 28, 2017 srb