Seema Goel v. National Insurance Co.

1. The three appellants herein suffered injuries in a motor vehicular accident that occurred on 06.05.2001 involving negligent driving of car bearing registration no.DL-7CB-3625 (offending vehicle), it concededly being insured against third party risk with National Insurance Company Limited (the first respondent) for the period in question. The claim petitions (Petition No.300-302/2003) instituted by them on 26.11.2002 were directed against the first and the second respondent, the later being the owner and driver of the offending vehicle.

2. The cases were clubbed for inquiry. On conclusion of the inquiry, the Motor Accident Claims Tribunal (the tribunal), by common judgment dated 05.12.2005, upheld the case as to the injuries suffered due to negligence driving of the offending vehicle. It assessed the compensation and directed the insurance company to pay.

3. The appellants have come up with these appeals seeking enhancement of compensation.

4. In the case of claim of Seema Goel (MAC APP.257/2006), the tribunal awarded the compensation calculating it as under:-

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┌──────────────────────────────────────────────────────────────────────────────┐
│      Sl.                         Head                         Amount         │
│  No.                                                          (in Rs.)       │
│      (i)    Nature of injuries/reimbursement of medical           42,909/-   │
│             expenses                                                         │
│   (ii)      Pain and suffering                                    35,000/-   │
│  (iii)      Loss of income                                        44,000/-   │
│  (iv)       Loss of earning capacity/permanent disability         50,000/-   │
│   (v)       Future medical expenses/physiotherapy                 45,000/-   │
│  (vi)       Conveyance                                            15,000/-   │
│  (vii)      Special diet                                           2,500/-   │
│ (viii)      Attendant charges                                     25,000/-   │
│                                         Total Compensation Rs.5,59,409/-     │
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│ 11.        The grievance of the appellant concerns the award of              │
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12. On perusal, it is found that this claimant had suffered fracture of acetabulum right with fracture of lower one-third of left ulna bone. In the surgical procedure undergone, a plate was applied to heal and treat the fractured ulna bone. The injury resulted in spinal cord contusion/haematoma and weakness of the left lower limb. The tribunal found the functional disability to be to the extent of about 14% for which compensation has been awarded towards loss of future earning capacity.

13. Having regard to the above facts, the compensation on account of pain and suffering is inadequate. It is increased to Rs.1,50,000/-. Thus, there would be a net increase of Rs.1,15,000/- which shall be paid by the insurance company with corresponding interest at the rate as levied by the tribunal.

14. The insurance company shall pay the enhanced compensation in terms of the above directions by requisite deposits with the tribunal within thirty days.

15. The appeals are disposed of in above terms. R.K.GAUBA, J. JULY 18, 2017 vk