The court enhanced the motor accident compensation award. It applied a 30% future prospects factor for loss of earnings and awarded additional medical expenses. Interest rate was raised to 9% per annum.
Compensation enhanced to Rs. 7,08,00/-; interest increased to 9% per annum from date of filing.
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.
$~R-457
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 10th November, 2017
GIRISH KUMAR SHUKLA ..... Appellant
Through: Mr. O.P. Mainee, Adv.
versus
MOHD. WASEEM & ORS ..... Respondents
Through: Mr. J.P. N. Shahi, Adv. for R-3.
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
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MAC App. No.153/2012
besides skin grafting. The tribunal found in the inquiry that the claimant has been rendered permanently disabled, his functional disability being assessed to the extent of 21%. It also returned a finding that the accident was caused due to negligent driving of the bus by the first respondent, awarded compensation in the total sum of Rs. 5,98,650/-, fastening the liability on the insurer to pay, though granting it recovery rights against the second respondent (insured) for the reason the first respondent was not holding a valid or effective driving licence at the time of the accident. The compensation includes, Rs. 2,26,044/- towards loss of earning capacity on account of disability arising from the injuries and Rs. 1,16,573/- towards medical expenditure.
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MAC App. No.153/2012
Page 3 of 4
MAC App. No.153/2012
R.K.GAUBA, J.
NOVEMBER 10, 2017
nk
Page 4 of 4
MAC App. No.153/2012
3 issues framed by the court
Whether the compensation for loss of earning capacity should be enhanced to include 30% future prospects of increase in income.
Whether additional medical expenditure incurred for removal of implants should be granted.
Whether the rate of interest payable on the award should be increased to 9%.
Colour shows how this judgement treated each authority
National Insurance Company Ltd. Vs. Pranay Sethi and Ors.Applied¶16
National Insurance Company Ltd. Vs. Pranay Sethi and Ors.
Oriental Insurance Co Ltd v. Sangeeta Devi & OrsRelied on¶22
Oriental Insurance Co Ltd v. Sangeeta Devi & Ors
1 provisions across 1 enactments
Girish Kumar Shukla
Mohd. Waseem & Ors.
R.K. Gauba
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
