Santosh Kumar Yadav v. Mukesh & Ors.

Delhi High Court · 20 Sep 2017 · 2017:DHC:5677
R. K. Gauba
MAC Appeal No. 560/2010
2017:DHC:5677
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal seeking enhancement of compensation for permanent disability caused by a motor vehicular accident, upholding the tribunal's award of Rs. 8,55,410.

Full Text
Translation output
MAC Appeal No. 560/2010 HIGH COURT OF DELHI
Date of Decision: 20th September, 2017 MAC APPEAL No. 560/2010
SANTOSH KUMAR YADAV ..... Appellant
Through: Ms. Pankaj Kumari, Advocate for Mr. S.N. Parashar, Advocate
VERSUS
MUKESH & ORS. ..... Respondents
Through: Mr. Pankaj Seth, Advocate for R-3.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT
(ORAL)

1. The appellant had suffered injuries in a motor vehicular accident that occurred on 12.10.2006 at about 7:50 p.m. due to negligent driving of bus bearing registration No.DL-1PB-3729, admittedly insured against third party risk with the third respondent (insurer) for the period in question. His right arm above elbow was amputated and he was rendered permanently disabled, such conditions having been certified by board of doctors (vide Ex.PW-1/21) to be eighty four per cent (84%) in relation to the said right upper limb. On his claim petition (Suit No.13/09/06) instituted on 30.10.2006, the tribunal after inquiry, by judgment dated 11.07.2009, held that he had been rendered functionally disabled to the extent of 100%. The 2017:DHC:5677 compensation was granted in the total sum of Rs.8,55,410, calculating it thus:-

┌─────────────────────────────────────────────────────────────────────────────────┐
│      Sl.                          Head                           Amount         │
│      No.                                                         (in Rs.)       │
├─────────────────────────────────────────────────────────────────────────────────┤
│      1.      Compensation for the expenses on medical                 3,390/-   │
│              treatment                                                          │
│      2.      Compensation for conveyance and special diet            12,000/-   │
│      3.      Compensation for loss of future income              7,15,020/-     │
│      4.      Compensation on marriage prospects                      50,000/-   │
│      5.      Compensation for pain and suffering and loss            75,000/-   │
│              of amenities of life                                               │
│                                                       Total      8,55,410/-     │
│ 2.         The appeal seeking enhancement is pressed at the hearing only        │
└─────────────────────────────────────────────────────────────────────────────────┘

6. The appeal is disposed of in above terms. R.K.GAUBA, J. SEPTEMBER 20, 2017 vk