Mr. Navneet Goyal, Advocate v. VIKAS JINDAL & ORS. .....

Delhi High Court · 07 Nov 2017 · 2017:DHC:6732
HON'BLE MR. JUSTICE R.K.GAUBA
2017:DHC:6732
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal seeking enhancement of compensation awarded for injuries sustained by an 8-year-old in a motor vehicular accident, holding the tribunal's award just and proper.

Full Text
Translation output
MAC Appeal No. 1058/2011 HIGH COURT OF DELHI
Date of Decision: 07th November, 2017
MAC APPEAL 1058/2011
MASTER SANDEEP ..... Appellant
Through: Mr. Navneet Goyal, Advocate
VERSUS
VIKAS JINDAL & ORS. ..... Respondents
Through: Mr. Amit Gaur, Advocate for R-3
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT
(ORAL)

1. The appellant was aged 8 years when he suffered injuries in a motor vehicular accident that occurred on 02.12.2008. On the accident claim case (MACT case no.1074/10/09) instituted on his behalf on 02.01.2009, the tribunal held that the injuries had been suffered due to the negligent driving of a motorcycle bearing registration no.DL-8S-T-0194 by the first respondent, the said vehicle being registered in the name of the second respondent and concededly insured against third party risk with the third respondent.

2. The injuries included fractures of mandible bone and fracture of left leg and broken tooth.

3. The tribunal awarded total compensation in the sum of Rs.65,758/- calculating it thus:- 2017:DHC:6732 MAC Appeal No. 1058/2011 Medical expenses Rs.1,758/- Special diet and conveyance charge Rs.10,000/- Pain and suffering etc. Rs.50,000/- Attendant charges Rs.4,000/- Total Rs.65,758/-

4. The appeal seeks enhancement of the compensation. Concededly and mercifully, there is no disability suffered. On fresh appraisal of the facts and circumstances of the case, this court finds compensation awarded by the tribunal to be just and proper. There is no case made out for any enhancement.

5. The appeal is dismissed. R.K.GAUBA, J. NOVEMBER 07, 2017 yg