Delhi District Court
Anita Aggarwal vs Surya Narayan on 11 July, 2025
IN THE COURT OF SHRI TARUN YOGESH
LD. PO-MACT-01, SOUTH-WEST DISTRICT,
DWARKA COURTS, NEW DELHI
MACT No.192/2017
CNR No. DLSW01-001531-2017
FIR No. 370/2016
P.S. Sector-23, Dwarka
In the matter of :
1) Smt. Anita Aggarwal
W/o Sh. Bhupesh Kumar Aggarwal,
R/o E-2/27, Gali No. 32, Chankya Place,
Part-I, New Delhi - 110059.
... (Petitioner)
Versus
1) Sh. Surya Narayan Yadav,
S/o Sh. Shri Nath Yadav,
R/o VPO-Mahgon, PS Puramukti,
The Chayal, Distt. Koshambi,
Uttar Pradesh. ...(Driver)
2) Sh. Divan Chand,
S/o Sube Singh,
R/o VPO-Kharhari Nahar, Delhi.
... (Owner)
3) Shri Ram General Insurance Co. Ltd.
...(Insurance company)
.... Respondents
Date of Institution : 15.02.2017
Date of Judgment : 11.07.2025
MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 1 of 27
FORM - V
COMPLIANCE OF THE PROVISIONS OF THE
MODIFIED CLAIMS TRIBUNAL AGREED PROCEDURE
TO BE MENTIONED IN THE AWARD
1. Date of the accident 04.12.2016
2. Date of intimation of the accident by the Not Available
investigating officer to the Claims Tribunal
(Clause 2)
3. Date of intimation of the accident by the Not Available
investigating officer to the insurance company.
(Clause 2)
4. Date of filing of Report under section 173 Not Available
Cr.P.C. before the Metropolitan Magistrate
(Clause 10)
5. Date of filing of Detailed Accident Information 15.02.2017
Report (DAR) by the investigating Officer
before Claims Tribunal (Clause 10)
6. Date of Service of DAR on the Insurance 15.02.2017
Company (Clause 11)
7. Date of service of DAR on the claimant(s). 15.02.2017
(Clause 11)
8. Whether DAR was complete in all respects? Yes
(Clause 16)
9. If not, whether deficiencies in the DAR removed N/A
later on?
10. Whether the police has verified the documents Yes
filed with DAR? (Clause 4)
11. Whether there was any delay or deficiency on No
the part of the Investigating Officer? If so,
whether any action/direction warranted?
12. Date of appointment of the Designated Officer N/A
by the insurance Company (Clause 20)
13. Name, address and contact number of the N/A
Designated Officer of the Insurance Company.
(Clause 20)
MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 2 of 27
14. Whether the designated Officer of the Insurance Not Available
Company submitted his report within 30 days of
the DAR? (Clause 20)
15. Whether the insurance company admitted the Not Available
liability? If so, whether the Designated Officer
of the insurance company fairly computed the
compensation in accordance with law. (Clause
23)
16. Whether there was any delay or deficiency on N/A
the part of the Designated Officer of the
Insurance Company? If so, whether any
action/direction warranted?
17. Date of response of the claimant (s) to the offer No
of the Insurance Company. (Clause 24)
18. Date of the Award 11.07.2025
19. Whether the award was passed with the consent No
of the parties? (Clause 22)
20. Whether the claimant(s) were directed to open Yes
saving bank account(s) near their place of
residence? (Clause 18)
21. Date of order by which claimant(s) were 24.01.2018
directed to open saving bank account (s) near his
place of residence and produce PAN Card and
Aadhar Card and the direction to the bank not
issue any cheque book/debit card to the
claimant(s) and make an endorsement to this
effect on the passbook(s). (Clause 18)
22. Date on which the claimant (s) produced the 23.04.2025
passbook of their saving bank account near the
place of their residence along with the
endorsement, PAN Card and Aadhar Card?
(Clause 18)
23. Permanent Residential Address of the E-2/27, Gali No.
Claimant(s) (Clause 27) 32, Chankya Place,
Part-I, New Delhi
- 110059.
24. Details of saving bank account(s) of the S.B. Account
claimant(s) and the address of the bank with No.38402459875
MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 3 of 27
IFSC Code (Clause 27) in SBI, Janak Puri,
New Delhi (IFSC
Code:SBIN00017
06)
25. Whether the claimant(s) saving bank account(s) Yes
is near his/her place of residence? (Clause 27)
26. Whether the claimant(s) were examined at the Yes
time of passing of the award to ascertain
his/their financial condition? (Clause 27)
27. Account number, MICR number IFSC Code, Account No.
name and branch of the bank of the Claims 42709452600 at
Tribunal in which the award amount is to be SBI Dwarka,
deposited/transferred. Sector-10, Dwarka
Courts Complex,
IFSC Code:
SBIN0011566 &
MICR No.
110002483.
AWAR D
Preface
1. Detailed Accident Reports (DAR) seeking compensation
for bodily injury suffered by (i) Sh. Aman Aggarwal; (ii) Smt.
Anita Aggarwal AND (iii) Ms. Priya Aggarwal in motor vehicle
accident being subject matter of FIR No.370/2016 PS Sector-23,
Dwarka are taken up together to be decided simultaneously.
Background
2. As gleaned from DAR read with Final Report under section 279/338/304A IPC, Sh. Aman Aggarwal returning home driving Hyundai Santro Car No.HR-06R-0177 along with Smt. Anita Aggarwal (mother), Ms. Priya Aggarwal (sister), Sh. Sumit Aggarwal (brother-in-law) and Baby Janvi (deceased) after attending marriage function of a relative at Pushpanjali MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 4 of 27 Farmhouse met with an accident near DCP Office, Sector-19, Dwarka, New Delhi in the wee hours of 04.12.2016 at around 01:45 am (night) after their car was hit by offending Bus No.DL- 1PB-9292 driven in rash and negligent manner.
3. Injured Aman Aggarwal shifted to Venkateshwara Hospital, Dwarka, Delhi left the hospital after 'First Aid' and MLC No. 6/16 was prepared with remarks 'Left Against Medical Advice' (LAMA). Similarly, Ms. Priya Aggarwal and Smt. Anita Aggarwal admitted at Artemis Hospital, Sector-20, Dwarka upon MLC No.1360/16 and 1361/16 also left the hospital after 'Treatment' whereas Baby Janvi, aged 09 months, was declared 'Brought Dead' upon MLC No.1359/16.
4. FIR No.370/16 under section 279/304A IPC was registered at PS Sector-23, Dwarka on 04.12.2016 AND dead body of Baby Janvi preserved in the Mortuary of DDU Hospital, Hari Nagar, Delhi was handed over to its relatives after identification & postmortem examination.
5. Respondent Surya Narayan Yadav (driver) produced by Divan Chand (owner) pursuant to notice under section 133 M.V. Act was formally arrested on 05.12.2016 and released on police bail whereas Bus No.DL-1PB-9292 and Hyundai Santro Car No.HR-06R-0177 seized from the spot were released on superdari after their mechanical inspection. Documents including DL, RC, Permit, Fitness and insurance policy seized from respondents were verified from concerned authorities and offence under section 338 IPC was added on the basis of final opinion of Grievous Injury upon MLC No.598459/16, 598460/16 and 06/16 of injured Smt. Anita Aggarwal, Ms. Priya Aggarwal & Sh.
MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 5 of 27 Aman Aggarwal. Statement of witnesses were recorded AND IO, thereafter, concluded investigation and prepared DAR which was filed in Court along with copy of Final Report under section 279/338/304A IPC.
Defence
6. Respondents Surya Narayan Yadav (driver) and Divan Chand (owner) joined proceeding but did not file any reply.
7. Respondent Shri Ram General Insurance Co. Ltd. on its part has filed 'Legal Offer' assessing compensation for 'Grievous Injury' suffered by petitioners in motor vehicle accident. Inquiry
8. Following issues were settled on 06.06.2018 and matter was posted for petitioner's evidence.
i. Whether Sumit Aggarwal, Anita Aggarwal, Priya Aggarwal and Aman Aggarwal sustained injuries in a motor vehicle accident dt. 04.12.2016 due to rash and negligent driving of vehicle no. DL-1PB- 9292 being driven by respondent No.1 Surya Narayan, owned by respondent no. 2- Diwan Chand and insured by respondent no. 3- Shri Ram General Insurance Co.
Ltd.? ...OPP
ii. Whether the petitioners in the above
mentioned cases are entitled to claim
compensation, if so, what amount and from whom? ...OPP iii. Relief.
9. Witnesses examined in the leading case include:
I. PW-1 Aman Aggarwal who has inter alia deposed about (i) multiple grievous injuries suffered in motor vehicle MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 6 of 27 accident near DCP Office, Sector-19, Dwarka, New Delhi in the wee hours of 04.12.2016 at around 01:45 am (night) after Hyundai Santro Car No.HR-06R-0177 in which he was travelling along with his mother Smt. Anita Aggarwal, sister Ms. Priya Aggarwal, brother-in-law Sh. Sumit Aggarwal and Niece Baby Janvi (deceased) was hit by offending Bus No.DL-1PB-9292 driven in rash and negligent manner; (ii) MLC prepared at Venkateshwara Hospital, Sector-10, Dwarka, Delhi on 04.12.2016 followed by treatment at DDU Hospital, Hari Nagar, Delhi & Maharaja Aggarsain Hospital, New Delhi; (iii) 'Splenectomy' for removal of Damaged Spleen undergone at DDU Hospital, Hari Nagar, Delhi AND operation for reconstruction of Tongue & Upper Lip at Maharaja Aggarsain Hospital, New Delhi; (iv) expenses incurred on treatment, medicines, conveyance, attendant & special diet; (v) monthly income Rs.24,000/- earned in the business of trading of garments/hosiery AND (vi) general and special damages consequent to bodily injury suffered in road accident. He has relied upon documents viz. - (a) copy of Aadhar Card - Ex.PW-1/1; (b) DAR - Ex.PW- 1/2; (c) MLC prepared at Venkateshwara Hospital, Sector- 10, Dwarka, Delhi AND Discharge Summary of DDU Hospital & Maharaja Aggarsain Hospital, New Delhi - Ex.PW-1/3; (d) Medical Prescriptions, Test Report & Receipts - Ex.PW-1/4 AND (e) copy of PAN Card & Income Tax Returns of AY 2015-16, 2016-17 & 2017-18 - Ex.PW-1/5 (Colly.).
MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 7 of 27 II. Smt. Anita Aggarwal examined as PW-2 has inter alia deposed about (i) multiple grievous injuries suffered in motor vehicle accident near DCP Office, Sector-19, Dwarka, New Delhi in the wee hours of 04.12.2016 at around 01:45 am (night) after Hyundai Santro Car No.HR- 06R-0177 in which she was travelling along with her son Aman Aggarwal, daughter Ms. Priya Aggarwal, son-in-law Sh. Sumit Aggarwal and grand-daughter Baby Janvi (deceased) was hit by offending Bus No.DL-1PB-9292 driven in rash and negligent manner; (ii) MLC prepared at Artemis Hospital, Sector-20, Dwarka, Delhi on 04.12.2016 followed by treatment at JPN Apex Trauma Centre AIIMS, Delhi, DDU Hospital, Hari Nagar, New Delhi & Maharaja Aggarsain Hospital, Delhi; (iii) Traumatic Brain Injury resulting in Frontal Contusion with Sub-Dural Haematoma with Fracture of Right Elbow, 5 th Metacarpel & Right Side Pleural Effusion; (iv) expenses incurred on treatment, medicines, conveyance, attendant & special diet; (v) monthly income Rs.21,000/- to Rs.22,000/- by stitching & embroidery AND (vi) general and special damages consequent to bodily injury suffered in road accident. She has relied upon documents viz. - (a) copy of Aadhar Card
- Ex.PW-2/1; (b) DAR - Ex.PW-2/2; (c) MLCs of Artemis Hospital, JPN Apex Trauma Centre, AIIMS AND Treatment Record & Discharge Summary of DDU Hospital & Maharaja Aggarsain Hospital - Ex.PW-2/3; (d) Medical Prescriptions & Receipts - Ex.PW-2/4 AND (e) MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 8 of 27 copy of PAN Card & Income Tax Returns of AY 2015-16, 2016-17 & 2017-18 - Ex.PW-2/5.
III. Ms. Priya Aggarwal examined as PW-3 has inter alia deposed about (i) motor vehicle accident near DCP Office, Sector-19, Dwarka, New Delhi in the wee hours of 04.12.2016 at around 01:45 am (night) after Hyundai Santro Car No.HR-06R-0177 in which she was travelling along with her brother Aman Aggarwal, mother Smt. Anita Aggarwal, husband Sh. Sumit Aggarwal and daughter Baby Janvi (deceased) was hit by offending Bus No.DL-
1PB-9292 driven in rash and negligent manner; (ii) MLC prepared at Artemis Hospital, Sector-20, Dwarka, Delhi on 04.12.2016 followed by treatment at JPN Apex Trauma Centre AIIMS, Delhi, Charak Palika Hospital, Moti Bagh, New Delhi & Sir Ganga Ram Hospital, New Delhi; (iii) Severe Left Eye Injury, Operations for Polytrauma Fracture Shaft of Femur & Humerus, Nerve Exploration for Radial Nerve AND Nasal Bone Fracture; (iv) expenses incurred on treatment, medicines, conveyance, attendant & special diet; (v) monthly income Rs.22,500/- by taking 'Home Tuition' AND (vi) general and special damages due to loss of Left Eye Sight, Fracture of Right Shafts of Femur & Humerus, C-7 Spinous Process Fracture, Nasal Bone and Maxilla Fracture with Radial Nerve Injury of Right Hand & Facial Defacement consequent to bodily injury suffered in road accident. She has relied upon documents viz. - (a) copy of Aadhar Card - Ex.PW-3/1;
(b) DAR - Ex.PW-3/2; (c) MLCs of Artemis Hospital, JPN MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 9 of 27 Apex Trauma Centre, AIIMS, Referral Slip of Charak Palika Hospital AND Discharge Summary of Sir Ganga Ram Hospital - Ex.PW-3/3; (d) Original Medical Prescriptions & Bills - Ex.PW-3/4; (e) Certificate dated 17.11.2017 of Estimated Expenditure around Rs.60,000/- to Rs.70,000/- Ex.PW-3/5 AND (f) copy of PAN Card & Income Tax Returns of AY 2015-16, 2016-17 & 2017-18 - Ex.PW-3/6.
IV. Dr. Shashank, CMO, Maharaja Aggarsain Hospital, Dwarka, New Delhi being summoned witness examined as PW-4 has produced Treatment Record of Aman Aggarwal & Anita Aggarwal AND adverted to their copy referred as Ex.PW-1/3 & Ex.PW-2/4 respectively.
10. PW-1 to PW-4 have been cross-examined by Ld. counsel for insurance company.
11. No witness has been examined by the driver, owner and insurer.
Discussion and Conclusion
12. Advocate Sh. Arvind Vashishtha for injured AND Advocate Ms. Sunanda Nimisha for Shri Ram General Insurance Co. Ltd. have addressed their submissions.
13. I have carefully perused pleadings and evidence adduced on judicial file. My issue wise finding is recorded below:
14. Issue No.1:
Whether Sumit Aggarwal, Anita Aggarwal, Priya Aggarwal and Aman Aggarwal sustained injuries in a motor vehicle accident dt. 04.12.2016 due to rash and negligent driving of vehicle no. DL-1PB- 9292 being driven by respondent No.1 MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 10 of 27 Surya Narayan, owned by respondent no. 2- Diwan Chand and insured by respondent no. 3- Shri Ram General Insurance Co.
Ltd.? ... OPP
15. PWs Aman Aggarwal, Smt. Anita Aggarwal and Ms. Priya Aggarwal have consistently deposed about motor vehicle accident near DCP Office, Sector-19, Dwarka, New Delhi in the wee hours of 04.12.2016 at around 01:45 am (night) after offending Bus No.DL-1PB-9292 coming from the side of Sector- 8 Metro Station in rash and negligent manner hit Hyundai Santro Car No.HR-06R-0177 after jumping the 'Traffic Signal' and their Car got dragged for a few meters resulting in multiple grievous injuries upon their person.
16. Site-plan read with Mechanical Inspection Report of vehicles involved in the accident reveal that offending Bus No.DL-1PB-9292 coming from the side of Sector-8 Metro Station, Dwarka hit Hyundai Santro Car No.HR-06R-0177 at point 'A' in the middle of Road and eventually stopped at point 'B' after dragging the Car for around 60 feet resulting in extensive damage to the front portion of the Car.
17. As gleaned from Final Report read with testimony of witnesses, motor vehicle accident resulting in (a) grievous injuries to petitioners AND (b) death of Baby Janvi took place at Traffic Signal near DCP Office, Sector-19, Dwarka, New Delhi in the wee hours of 04.12.2016 at around 01:45 am (night) and Victims' Car got stuck in the channel between the front and rear wheels of the Bus. Negligence of respondent Surya Narayan Yadav is therefore obvious from surrounding circumstances for applying the principle of res ipsa loquitor. MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 11 of 27
18. Negligence in the normal parlance is understood as failure to take proper care which a reasonable man would have done under the circumstances and normal rule for the plaintiff to prove negligence is sought to be avoided by applying the principle of res ipsa loquitor. The general purport of the words res ipsa loquitor is that the accident "speaks for itself" or tell its own story and there are cases in which the accident speaks for itself so that it is sufficient for the plaintiff to prove the accident and nothing more. It will then be incumbent upon the defendant to establish that the accident happened due to some cause other than his own negligence.
19. Testimony of PW-1, PW-2 & PW-3 has remained consistent and suggestion imputing negligence of the driver of Santro Car has been denied by injured during their cross- examination by Ld. counsel for insurance company.
20. Respondents Surya Narayan Yadav (driver) AND Divan Chand (owner), on the other hand, have neither filed any reply nor entered the witness-box to rebut allegation of rash and negligent driving of Bus No.DL-1PB-9292 resulting in bodily injury suffered by petitioners' in motor vehicle accident. Adverse inference is therefore required to be raised against the driver as per dicta of Hon'ble High Court of Orissa in National Insurance Company Ltd. Vs. Durdadshya Kumar Samal & Ors. 1987 SCC Online Ori. 57 AND Cholamandalam MS General Insurance Co. Vs. Smt. Kamlesh & Ors. decided by Hon'ble High Court of Delhi on 11th November, 2008.
21. It is well settled law that negligence of the driver in case of road traffic accident is required to be established on the MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 12 of 27 touchstone of preponderance of probability and standard of proof beyond reasonable doubt does not apply to claim petitions under Motor Vehicle Act as held by Hon'ble Supreme Court of India in para 15 of Bimla Devi & Ors. Vs. Himachal Road Transport Corporation & Ors (2009) 13 SCC 530.
22. Following observations in para 15 of aforesaid judgment of Hon'ble Apex Court being relevant are extracted herein below:
"15. In a situation of this nature, the Tribunal has rightly taken a holistic view of the matter. It was necessary to be borne in mind that strict proof of an accident caused by a particular bus in a particular manner may not be possible to be done by the claimants. The claimants were merely to establish their case on the touchstone of preponderance of probability. The standard of proof beyond reasonable doubt could not have been applied...."
23. Similar observation has been recorded by Hon'ble High Court of Delhi in para 12 of its judgment delivered in National Insurance Co. Ltd. Vs. Smt. Pushpa Rana & Ors. 2007 SCC Online Del 1700 by holding that proceedings under Motor Vehicle Act are not akin to proceeding in a civil suit hence strict rules of evidence are not required to be followed and FIR against the driver along with criminal record of the case showing completion of investigation by the police leading to Final Report are sufficient proof to reach the conclusion that the driver was negligent.
24. FINDING : Issue No.1 is therefore decided by holding that grievous injury suffered by (i) Aman Aggarwal, (ii) Smt. Anita Aggarwal AND (iii) Ms. Priya Aggarwal in motor vehicle MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 13 of 27 accident on 04.12.2016 was caused as a result of rash and negligent driving of Bus No.DL-1PB-9292 by Surya Narayan Yadav (driver) which vehicle was registered in the name of Divan Chand (owner) and insured with Shri Ram General Insurance Co. Ltd. (insurer).
25. Issue No.2 Whether the petitioners in the above mentioned cases are entitled to claim compensation, if so, what amount and from whom ? OPP
26. MLCs of Smt. Anita Aggarwal prepared at Artemis Hospital, Sector-20, Dwarka, New Delhi & JPN Apex Trauma Centre, AIIMS recording - Pain & Swelling Over Right Elbow & Right Foot READ WITH Treatment Record & Discharge Summary of DDU Hospital, Hari Nagar, Delhi & Maharaja Aggarsain Hospital, Dwarka, Delhi would reveal that injured having suffered (i) Frontal Contusion with Sub-Dural Haematoma; (ii) Fracture of Right Elbow AND (iii) Fracture Right 5th Metacarpel remained admitted at DDU Hospital, Hari Nagar, Delhi from 05.12.2016 to 10.12.2016 AND thereafter got treated at Maharaja Aggarsain Hospital, Dwarka from 10.12.2016 to 16.12.2016.
27. Quantum of compensation is required to be assessed separately under pecuniary and non-pecuniary heads.
28. At the outset, it has to be borne in mind that compensation is not expected to be a windfall or a bonanza nor it should be niggardly and Courts & Tribunals have a duty to weigh the various factors and quantify the amount of compensation which should be just. What would be "just" compensation is a vexed MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 14 of 27 question. There can be no golden rule applicable to all cases for measuring the value of human life or a limb. Measure of damages cannot be arrived at by precise mathematical calculations. It would depend upon the particular facts and circumstances, and attending peculiar or special features, if any, as held by Hon'ble Supreme Court of India in Helen C. Rebello Vs. Maharasthra SRTC, 1999 (1) SCC 90.
29. Following para of judgment of Hon'ble Supreme Court of India in R.D. Hattangadi Vs. Pest Control (India) Pvt. Ltd. & Ors. (1995) 1 SCC 551 being relevant is extracted herein below:
"9. Broadly speaking while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. Pecuniary damages are those which the victim has actually incurred and which are capable of being calculated in terms of money; whereas non-pecuniary damages are those which are incapable of being assessed by arithmetical calculations. In order to appreciate two concepts pecuniary damages may include expenses incurred by the claimant: (i) medical attendance; (ii) loss of earning of profit up to the date of trial; (iii) other material loss. So far non-pecuniary damages are concerned, they may include (i) damages for mental and physical shock, pain and suffering, already suffered or likely to be suffered in future; (ii) damages to compensate for the loss of amenities of life which may include a variety of matters i.e. on account of injury the claimant may not be able to walk, run or sit; (iii) damages for the loss of expectation of life, i.e., on account of injury the normal longevity of the person concerned is shortened; (iv) inconvenience, MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 15 of 27 hardship, discomfort, disappointment, frustration and mental stress in life."
30. Heads of compensation under pecuniary and non- pecuniary damages have been further explained by Hon'ble Apex Court in para 6 of Raj Kumar Vs. Ajay Kumar & Anr. (2011) 1 SCC 343 which reads as under:
"6. The heads under which compensation is awarded in personal injury cases are the following:
Pecuniary damages (Special Damages)
(i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure.
(ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising :
(a) Loss of earning during the period of treatment;
(b) Loss of future earnings on account of permanent disability.
(iii) Future medical expenses.
Non-pecuniary damages (General
Damages)
(iv) Damages for pain, suffering and trauma as a consequence of the injuries.
(v) Loss of amenities (and/or loss of prospects of marriage).
(vi) Loss of expectation of life (shortening of normal longevity).
In routine personal injury cases, compensation will be awarded only under heads (i), (ii)(a) and (iv). It is only in serious cases of injury, where there is specific medical evidence corroborating the evidence of the claimant, that compensation will be MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 16 of 27 granted under any of the heads (ii)(b), (iii),
(v) and (vi) relating to loss of future earnings on account of permanent disability, future medical expenses, loss of amenities (and/or loss of prospects of marriage) and loss of expectation of life.
NATURE AND EXTENT OF INJURIES
31. Discharge Summary of DDU Hospital, Hari Nagar, Delhi AND Maharaja Aggarsain Hospital, Dwarka, Delhi reveal that Smt. Anita Aggarwal has suffered (i) Frontal Contusion with Sub-Dural Haematoma; (ii) Fracture of Right Elbow AND (iii) Fracture Right 5th Metacarpel in motor vehicle accident on 04.12.2016.
32. No other document has been filed on record or relied in evidence to show any other injury.
MEDICINES AND TREATMENT
33. PW-2 Smt. Anita Aggarwal in para 5 of affidavit Ex.PW- 2/A has deposed to have spent Rs.51,487/- on treatment.
34. Aggregate sum of Rs.51,487/- (Rupees Fifty One Thousand Four Hundred & Eighty Seven only) including Rs.3,300/- spent on physiotherapy against Bills/Receipts referred as Ex.PW-2/4 is awarded to Smt. Anita Aggarwal towards pecuniary damage under the head - Medicine & Treatment. CONVEYANCE AND SPECIAL DIET
35. Injured Smt. Anita Aggarwal having suffered bodily injury in motor vehicle accident was shifted to Artemis Hospital, Sector-20, Dwarka, Delhi & JPN Apex Trauma Centre, AIIMS, Delhi AND remained admitted at (i) DDU Hospital, Hari Nagar, Delhi from 05.12.2015 to 10.12.2016 & (ii) Maharaja Aggarsain MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 17 of 27 Hospital, Dwarka, Delhi from 10.12.2016 to 16.12.2016. It is assumed that she might have used private vehicle/hired taxi for visiting hospitals for post-operative treatment & consultation. Accordingly, a sum of Rs.10,000/- (Rupees Ten Thousand only) is awarded to injured towards conveyance.
36. Similarly, injured Smt. Anita Aggarwal must have also needed special diet for full and complete recovery from (i) Frontal Contusion with Sub-Dural Haematoma; (ii) Fracture of Right Elbow AND (iii) Fracture Right 5th Metacarpel suffered in motor vehicle accident. Another sum of Rs.40,000/- (Rupees Forty Thousand only) is therefore awarded to injured towards special diet.
ATTENDANT CHARGES
37. It is assumed that injured Smt. Anita Aggarwal having suffered (i) Frontal Contusion with Sub-Dural Haematoma; (ii) Fracture of Right Elbow AND (iii) Fracture Right 5 th Metacarpel might have needed an attendant to assist her for around four months even if such gratuitous service was rendered by some or the other of her family/relatives. Hon'ble High Court of Delhi in Delhi Transport Corporation and Anr. Vs. Kumari Lalita 1982 SCC Online Delhi 123 has held that the victim cannot be deprived of compensation towards gratuitous service rendered by some of her family member. Accordingly, in the facts and circumstances of the case and in view of material on record, a sum of Rs.10,000/- x 4 = Rs.40,000/- (Rupees Forty Thousand only) is awarded to injured towards attendant charges. LOSS OF INCOME MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 18 of 27
38. PW-2 Smt. Anita Aggarwal in para 6 of affidavit Ex.PW- 2/A has deposed about monthly income Rs.21,000/- to Rs.22,000/- by stitching & embroidery and relied upon copy of PAN Card & Income Tax Returns of AY 2015-16, 2016-17 & 2017-18 referred as Ex.PW-2/5.
39. Having suffered fracture of (i) Frontal Contusion with Sub- Dural Haematoma; (ii) Fracture of Right Elbow AND (iii) Fracture Right 5th Metacarpel, it is assumed that Smt. Anita Aggarwal would have taken around four months to recover from grievous injuries sustained in road accident. She is therefore awarded Rs.22,000/- x 04 months = Rs.88,000/- (Rupees Eighty Eight Thousand only) towards loss of earning during period of hospitalization/treatment and recovery from fracture & grievous injury.
PAIN AND SUFFERING
40. Following factors are to be taken into account for assessing compensation under the head - Pain and Suffering:
i. Nature of injury;
ii. Parts of body where injuries occurred;
iii. Surgeries, if any;
iv. Confinement in hospital;
v. Duration of the treatment.
41. Hon'ble Supreme Court of India in para 9 of Arvind Kumar Mishra Vs. New India Assurance Co. Ltd. & Anr. (2010) 10 SCC 254 has observed that whole idea in case of assessment of all damages for personal injury is to put the claimant in the same position as he was insofar as money can. Perfect compensation is hardly possible but one has to keep in MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 19 of 27 mind that the victim has done no wrong; he has suffered at the hands of wrongdoer and Court must take care to give him full and fair compensation for that he had suffered.
42. Injured Smt. Anita Aggarwal having suffered (i) Frontal Contusion with Sub-Dural Haematoma; (ii) Fracture of Right Elbow AND (iii) Fracture Right 5th Metacarpel in motor vehicle accident was shifted to Artemis Hospital, Sector-20, Dwarka, Delhi & JPN Apex Trauma Centre, AIIMS, Delhi AND remained admitted at (i) DDU Hospital, Hari Nagar, Delhi from 05.12.2015 to 10.12.2016 & (ii) Maharaja Aggarsain Hospital, Dwarka, Delhi from 10.12.2016 to 16.12.2016. It would be apposite to award her a sum of Rs.50,000/- (Rupees Fifty Thousand only) under the head - 'Pain & Suffering' AND additional Rs.30,000/- (Rupees Thirty Thousand only) as damage for 'Mental and Physical Shock'.
LOSS OF AMENITIES, LOSS OF EXPECTATION OF LIFE, LOSS OF FUTURE EARNING/PROSPECTS AND FUTURE MEDICAL EXPENSES
43. Compensation for (i) loss of future earning/prospects AND
(ii) non pecuniary damages including loss of amenities and loss of expectation of life is not required to be assessed in the absence of serious injury resulting in permanent physical disability.
44. Break-up of compensation awarded to injured under pecuniary and non-pecuniary heads is mentioned below in tabulated form:
S. No. HEADS AMOUNT (in
Rupees)
1. Medicines & Treatment Rs.51,487/-
2. Conveyance Rs.10,000/-
MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 20 of 27
3. Special Diet Rs.40,000/-
4. Attendant Charges Rs.40,000/-
5. Loss of Income Rs.88,000/-
6. Pain & Suffering Rs.50,000/-
7. Mental & Physical Shock Rs.30,000/-
TOTAL Rs.3,09,487/-
rounded off to
Rs.3,09,500/-
INTEREST
45. Ld. counsel for insurance company requests for waiver of interest by adverting to 'Legal Offer' assessing compensation Rs.54,448/- for bodily injury which was subsequently revived.
46. Advocate Sh. Arvind Vashishtha for injured, per contra, has alluded to Regulation 15(10) of IRDAI (Protection of Policyholders' Interests) Regulations, 2017 read with judgment/case laws titled - (i) R. Valli Vs. Tamilnadu State Transport Corporation Ltd. (2022) 5 SCC 107; (ii) Secretary, Irrigation Deptt. Govt. of Orissa Vs. G.C. Roy, (1992) 1 SCC 508; (iii) Vendanta Ltd. Vs. Shenzhen Shandong Nuclear Power Construction Co. Ltd., (2018); (iv) M/s Hyder Consulting (UK) Ltd. Vs. State of Orissa, (2014) 2 SCC 720 AND (v) New India Assurance Co. Ltd. Vs. Rajeshwar Sharma, (2018) for contending that delay in disbursement of the claim cannot be shifted to victims/injured who have been forced to wait for just & rightful compensation for unreasonably extended period.
47. I have considered their submissions and perused testimony of witnesses examined on Judicial Record.
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48. Having regard to the facts and circumstances of the present case, it will be just and proper to grant interest @ 7.5% per annum on the award amount in terms of judgment of Hon'ble Supreme Court of India in National Insurance Co. Ltd. Vs. Mannat Johar & Anr. (2019) 15 SCC 260. Injured Smt. Anita Aggarwal is therefore awarded interest @ 7.5% per annum upon award amount Rs.3,09,500/- (Rupees Three Lakhs Nine Thousand & Five Hundred only) from the date of filing of DAR on 15.02.2017 till notice of deposit under Order XXI Rule 1 CPC to petitioner/counsel.
LIABILITY
49. R1/Surya Narayan Yadav (driver) being principal tortfeasor driving Bus No.DL-1PB-9292 in rash and negligent manner resulting in bodily injuries suffered in motor vehicle accident and R2/Divan Chand (owner) being vicariously liable for the act of the driver are jointly and severally liable to pay compensation amount with interest. However, since Bus No.DL- 1PB-9292 was insured against Third Party Risk so, R3/Shri Ram General Insurance Co. Ltd. being statutorily liable under Section 149 (1) of M.V.Act shall pay compensation along with interest to injured Smt. Anita Aggarwal in the absence of any statutory defence under section 149(2) of M.V. Act.
50. FINDING : Issue No.2 is decided accordingly by holding that R3/Shri Ram General Insurance Co. Ltd. shall pay the award amount with interest to injured.
RELIEF
51. Thus, in view of foregoing discussion & conclusion and having regard to the facts and circumstances of the present case, MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 22 of 27 award for a sum of Rs.3,09,500/- (Rupees Three Lakhs Nine Thousand & Five Hundred only) along with interest @ 7.5% p.a from the date of filing of DAR on 15.02.2017 till notice of deposit under Order XXI Rule 1 CPC is passed in favour of injured and against all respondents.
52. The above-said compensation amount with interest shall be paid to injured by R3/Shri Ram General Insurance Co. Ltd.
53. FORM-IVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASE TO BE INCORPORATED IN THE AWARD
1. Date of accident : 04.12.2016
2. Name of the injured : Smt. Anita Aggarwal
3. Age of the injured : 48 Years
4. Occupation of the injured : Tailoring & Embroidery
5. Income of the injured : Rs.22,000/- per month
6. Nature of injury : Grievous
7. Medical treatment taken : Artemis Hospital, Sector-20, Dwarka, New Delhi; JPN Apex Trauma Centre, AIIMS; DDU Hospital, Hari Nagar, Delhi AND Maharaja Aggarsain Hospital, Dwarka, Delhi.
8. Period of hospitalization : 05.12.2016 to 10.12.2016 & 10.12.2016 to 16.12.2016
9. Whether any permanent : No disability? If yes, give details.
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10. Computation of Compensation S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(i) Expenditure on treatment Rs.51,487/-
(ii) Expenditure on conveyance Rs.10,000/-
(iii) Expenditure on special diet Rs.40,000/-
(iv) Cost of nursing/attendant Rs.40,000/-
(v) Cost of artificial limb -
(vi) Loss of earning capacity -
(vii) Loss of income Rs.88,000/-
(viii) Any other loss which may require -
any special treatment or aid to the
injured for the rest of his life
12. Non-Pecuniary Loss:
(i) Compensation for mental and Rs.30,000/-
physical shock
(ii) Pain and suffering Rs.50,000/-
(iii) Loss of amenities of life -
(iv) Disfiguration -
(v) Loss of marriage prospects -
(vi) Loss of earning, inconvenience, -
hardship, disappointment,
frustration, mental stress,
dejectment and unhappiness in
future life etc.
13. Disability resulting in loss of earning capacity:
(i) Percentage of disability assessed -
and nature of disability as permanent or temporary (Loss of amenities of loss of -
expectation of life span on account
of disability
MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 24 of 27
(iii) Percentage of loss of earning -
capacity in relation to disability
(iv) Loss of future Income - (Income x -
% Earning Capacity x Multiplier)
14. TOTAL COMPENSATION Rs.3,09,487/-
rounded off to
Rs.3,09,500/-
15. INTEREST AWARDED
16. Interest amount up to the date of @ 7.5% p.a. from
award the date of filing
of DAR on
15.02.2017 till
notice of deposit
under Order XXI
Rule 1 CPC
17. Total amount including interest Rs.3,09,500/- +
interest @ 7.5%
p.a. from the date
of filing of DAR
on 15.02.2017 till
notice of deposit
under Order XXI
Rule 1 CPC
18. Award amount released As per table given
below
19. Award amount kept in FDRs As per table given
below
20. Mode of disbursement of the By credit in the
award amount to the claimant(s). SB Account of the
injured
21 Next Date for compliance of the 22.08.2025
award.
54. The award amount shall be deposited by R3/Shri Ram General Insurance Co. Ltd. in Account No.42709452600 of MACT, South West, Dwarka Courts, New Delhi at State Bank of MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 25 of 27 India, District Court Complex, Sector-10, Dwarka, New Delhi (IFSC Code SBIN0011566 and MICR Code 110002483) through RTGS/NEFT/IMPS within 30 days of the award as per section 168(3) of M.V. Act under intimation to the Nazir of this court with proof of notice to the claimant/injured and his counsel.
55. Statement of injured Smt. Anita Aggarwal regarding financial status, needs and liabilities has been recorded. In view of the said statement and having regard to the facts and circumstances of the present case, the award amount shall be disbursed in following manner:-
S. Name Status Amount of Release Amount N Award Amount of FDR o
1. Smt. Injured Rs.3,09,500/- Rs.3,09,500/- Nil Anita + interest @ with Aggarwal 7.5% p.a. from proportionate the date of interest in filing of DAR MACT on 15.02.2017 Claims SB till notice of Account of deposit under injured Order XXI Rule 1 CPC
56. Injured has mentioned details of Savings Bank Account No.38402459875 in SBI, Janak Puri, New Delhi (IFSC Code:SBIN0001706) in her statement recorded on 23.04.2025 and it is requested that award amount may be transferred in the said SB Account.
57. Accordingly, Manager, State Bank of India, District Courts Complex, Sector-10, Dwarka, New Delhi is directed to MACT No.192/2017 Anita Aggarwal Vs. Surya Narayan & Ors. Page No. 26 of 27 transfer Rs.3,09,500/- with proportionate interest in SB Account No.38402459875 in SBI, Janak Puri, New Delhi (IFSC Code:SBIN0001706).
58. R3/Shri Ram General Insurance Co. Ltd. shall inform the injured/counsel regarding award amount being deposited in MACT Account through registered post.
59. Copy of this award be sent to the Manager, SBI, District Courts Complex, Sector-10, Dwarka, New Delhi and Manager, SBI, Janak Puri, New Delhi (IFSC Code:SBIN0001706) for information/compliance.
60. Dasti copy of award be given to Ld. Counsel for injured and insurance company.
61. Ahlmad is directed to prepare separate miscellaneous file to be listed on 22.08.2025 for filing compliance report.
62. File be consigned to the record room.
Digitally signed by TARUNTARUN YOGESH Announced in the open Court YOGESH Date:
on 11.07.2025 2025.07.17
13:20:38 +0530
(Tarun Yogesh)
PO, MACT-01, Dwarka Courts,
New Delhi
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