Allowed

Mini Sabu v. Mohit Saini & Ors.

Delhi HC16 Mar 2016MAC.APP./399/2014

Case brief

AI extract

What is this about?

In this appeal, the appellant sought enhancement of compensation awarded for injuries sustained in a motor vehicular accident. The High Court held that the tribunal erred in undervaluing her income and restricted the compensation period. It calculated the correct loss of income based on her actual salary of `46,580/- for seven months and ten days, ordered an enhancement of `1,70,562/-, and directe

What did the court decide?

Compensation enhanced by `1,70,562/- calculated on monthly income of `46,580/- for 7 months and 10 days. Insurer directed to deposit enhanced portion with Tribunal within 30 days.

Mini Sabu Vs Mohit Saini & Ors. — Motor Accident Claims | Delhi HC (2016)

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$~2

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 16^th March, 2016

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- MAC.APP. 399/2014 & CM APPL. 7572/2014

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MINI SABU ..... Appellant

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Through: Mr. Navneet Goyal, Adv.

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versus

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MOHIT SAINI & ORS ..... Respondents

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Through: Mr. Shoumik Mazumdar, Adv. for Mr. Pankaj Seth, Adv. for R-3.

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CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT

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R.K.GAUBA, J (ORAL):

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The appellant had suffered multiple fractures in neck, head, nose and shoulder including a hangman’s fracture on account of motor vehicular accident that occurred at 07:30 AM on 01.01.2012 involving collision between Honda City car bearing registration no.DL-3CBE-4963 (the car) in which she was travelling and Honda Civic car bearing registration no.DL3CAK-8502 (the offending vehicle) which was driven by the first respondent herein, it being owned by second respondent herein and insured against third party risk for the period in question with third respondent herein (the insurer).

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MAC APP. No. 399/2014 Page 1 of 3

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On claim petition under Sections 166 & 140 of the Motor Vehicles Act, 1988 (the MV Act) brought by her, registered as case no.86/2012, the motor accident claims tribunal (the tribunal), by judgment dated 14.03.2013, awarded total compensation in the sum of `2,66,025/- with interest at the rate of nine percent (9%) per annum from the date of filing of the petition (10.02.2012) till realization. Since the insurance policy was admitted and there was no case made out about breach of terms and conditions thereof, third respondent (the insurer) was directed to pay.

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By the appeal at hand, the claimant seeks enhancement of the compensation on the ground that the loss of income has not been properly computed.

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It is noted that the appellant was working as a nurse (sister grade-I) in All India Institute of Medical Sciences (AIIMS) at the time of accident. She proved during inquiry that she had to remain on leave on account of injuries suffered for the period from 01.01.2012 to 11.08.2012. She proved her salary certificate for the month of January, 2012 (Ex.PW1/5) which reflects the income as 46,580/-. The tribunal for reasons which cannot be fathomed, however, treated her income to be only 34,205/- per month and awarded compensation for loss of income restricted to period of five months.

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There is substance in the submission of the claimant that she was entitled to compensation calculated on the basis of monthly income of 46,580/- for the entire period of leave i.e. seven months & ten days. The same is now calculated as (46,580x7)+(46,580÷3) 3,41,587/-. Since the

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MAC APP. No. 399/2014 Page 2 of 3

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tribunal had granted only 1,71,025/- on this account, the compensation deserves to be enhanced by (3,41,587-1,71,025) 1,70,562/-. Ordered accordingly.

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Needless to add, the enhanced portion of the compensation shall carry interest at the rate levied by the tribunal.

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The insurance company is directed to deposit the enhanced portion of the compensation with the tribunal within 30 days of today, whereupon it shall be released to the claimant.

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The appeal is disposed of in above terms.

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R.K. GAUBA
(JUDGE)
MARCH 16, 2016
ssc

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MAC APP. No. 399/2014 Page 3 of 3

Mini Sabu v. Mohit Saini & Ors.

Case brief

What is this about?

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Mini Sabu v. Mohit Saini & Ors.

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