Balbir Singh Punia v. Manoj Kumar & Ors.
Case brief
What is this about?
In an appeal from a motor accident claim tribunal award, the High Court held that the appellant suffered a post-traumatic above-knee amputation with 80% disability. The Court ruled that lump sum compensation for future earning capacity was inadequate, recalculating it based on his age and salary. Additionally, it awarded the proven cost of an artificial limb, enhancing the total compensation accor
What did the court decide?
Compensation enhanced by rupees 6,53,000/-; amount to be kept in fixed deposits for medical expenses and monthly income stream.
What the court decided
$~37
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- Date of Decision: 15th February, 2016
+ MAC.APP. 28/2009
BALBIR SINGH PUNIA ..... Appellant
Through: Mr. S. N. Parashar, Adv.
versus
MANOJ KUMAR & ORS ..... Respondents Through: Mr. Rahul Kumar, Adv. for R-3.
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT
R.K.GAUBA, J (ORAL):
- The appellant suffered injuries in a motor vehicular accident that occurred at about 11:45 PM on 31.12.2004 involving bus bearing registration no.DL-1PB-3563 which was concededly insured against the third party risk with the third respondent herein (insurer). The appellant brought claim petition under Sections 166 and 140 of the Motor Vehicles Act, 1988 (the MV Act) before the motor accident claims tribunal (the tribunal) which was registered as suit no.95/2008. The owner and the driver of the offending vehicle were also impleaded in addition to insurer as party respondent. The tribunal held an inquiry and by judgment dated 28.07.2008 awarded compensation in the sum of `3,41,500/- with interest, directing the insurer to pay.
Issues for consideration
2 issues framed by the court
Whether compensation for loss of future earning capacity deserves enhancement after the tribunal awarded a lump sum for actual loss of earning?
Whether the cost of an artificial limb should be added to the compensation awarded for personal injury?
Parties & counsel
- appellant
BALBIR SINGH PUNIA
- respondent
MANOJ KUMAR & ORS
Coram
R.K. GAUBA
Case details
As recorded by the court registry
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