In an appeal against a Motor Accident Claims Tribunal award of Rs.1,68,268/- for injuries suffered in a vehicular accident, the High Court found the compensation reasonable and dismissed the insurer's appeal.
Compensation awarded by the Motor Accident Claims Tribunal was upheld and the appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 13th April, 2015
..... Appellant
Through: Mr. Vinod Trishal, Advocate
versus
LAXMI DEVI @ LACHHO DEVI AND ORS.
..... Respondents Through: Mr. Pramod Kumar, Advocate for Respondent no.1.
CORAM: HON'BLE MR. JUSTICE G.P.MITTAL
G. P. MITTAL, J. (ORAL)
Page 1 of 3
MAC. APP. No. 1281/2012
| Sl. No. |
Compensation under various Heads |
Awarded by the Claims Tribunal (in Rs.) |
|---|---|---|
| 1. | Loss of Income | 23,268/- |
| 2. | Medical Expenses | 15,000/- |
| 3. | Special Diet | 15,000/- |
| 4. | Conveyance Charges | 15,000/- |
| 5. | Pain, Suffering, Inconvenience and Frustration |
1,00,000/- |
| TOTAL | 1,68,268/- |
Page 2 of 3
MAC. APP. No. 1281/2012
loss of income from selling general merchant articles. She was further awarded a compensation of Rs.15,000/- each towards expenditure on treatment and Special diet and Conveyance charges. Respondent no.1 had placed on record Bills worth Rs.5,300/-. Considering the nature of injuries, award of compensation of Rs.15,000/- towards expenditure on treatment cannot be said to be unreasonable. Similarly, considering the nature of injuries, compensation of Rs.15,000/- each towards Special diet and Conveyance charges is also just and reasonable. Taking into consideration the nature of injuries and the fracture of right femur, the award of sum of Rs.1,00,000/- towards pain and suffering, inconvenience and frustration also cannot be said to be exorbitant and excessive.
(G.P. MITTAL) JUDGE
APRIL 13, 2015 pst
Page 3 of 3
MAC. APP. No. 1281/2012
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal for loss of income, medical expenses, and pain and suffering was exorbitant or excessive.
The New India Assurance Company Ltd.
Laxmi Devi @ Lachho Devi
G.P. Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
