Sahabuddin v. Mairazuddin & Ors.

1. The appellant suffered injuries in a motor vehicular accident that occurred on 13.03.2006 due to negligent driving of Indica car bearing registration No.UP-13-E-0690, which was admittedly insured against third party risk with the third respondent (insurer). As a result of the injuries, his right leg was amputated, this resulting in he becoming a permanently disabled person, the physical impairment having been assessed by the board of doctors of LNJP Hospital, vide disability certificate (Ex.PW-1/7), to be to the extent of eighty per cent (80%). On his accident claim case (Suit No.371/2006), the motor accident claims tribunal, by its judgment dated 08.07.2010, awarded compensation in the total sum of Rs.7,74,596/-, calculating it thus:- 2017:DHC:5886

┌──────────────────────────────────────────────────────────────────────────────────┐
│  Sl.                            Head                           Amount in         │
│  No.                                                             (Rs.)           │
├──────────────────────────────────────────────────────────────────────────────────┤
│      1.    Towards loss of dependency allowance                   4,49,655/-     │
│      2.    Towards loss of two year salary                            88,680/-   │
│      3.    Towards medical bills                                      36,261/-   │
│      4.    Towards special diet for all four years and for            25,000/-   │
│            future years                                                          │
│      5.    Towards conveyance allowance for all four                  25,000/-   │
│            years and for future attendant’s conveyance                           │
│      6.    Towards mental pain and agony for all years            1,50,000/-     │
│            and disfigure etc., and loss of enjoyment of                          │
│            life                                                                  │
│                                                      Total        7,74,596/-     │
│ 2.        The liability to pay the said amount of compensation with              │
└──────────────────────────────────────────────────────────────────────────────────┘

7. net increase in the award by sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only), which shall carry interest as levied by the tribunal.

8. 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.

9. The appeal stands disposed of in above terms. R.K.GAUBA, J. SEPTEMBER 26, 2017 vk