Delhi District Court
Smt Sushma Bhalla vs Sh. Tarun Gupta on 10 August, 2011
IN THE COURT OF SHRI CHANDRA BOSE:
JUDGE:MACT:DELHI
MACT NO. : 281/10
Case ID NO. : 02404C0169882010
1.Smt Sushma Bhalla, W/o Sh. Ravinder Kumar Bhalla, R/o R84, Model TownIII, Delhi. ..........Claimant Versus
1. Sh. Tarun Gupta, S/o Sh. Radhey Shyam Gupta, R/o R125, Model TownIII, Delhi. ..............Driver
2. Sh. Tarun Gupta, S/o Sh. Rahdey Shyam Gupta, R/o R125, Model TownIII, Delhi. .............. Owner
3. United India Insurance Company Ltd.
UROI, UIICL, 8th Floor, Kanchanjunga, Barakhamba Road, New Delhi. ..... Insurance co.
DATE OF INSTITUTION : 02.07.10 DATE OF RESERVING ORDER: 18.07.11 DATE OF PRONOUNCEMENT : 10.08.11 AWARD
1. DAR was filed by the IO on 02.07.10 after collecting all the relevant evidence which was converted into claim petition u/s 166 (4) MACT No. 281/10 1 of 6 of M.V Act on the same day and was registered as such. Thereafter, case was adjourned for giving legal offer of compensation in writing on behalf of insurance company at their request for subsequent dates on 31.07.10, 16.10.10 and 02.11.10. Thereafter, case was adjourned for assessment of disability of injured on behalf of injured and case was also adjourned for compromise but compromise could not be effected between the parties.
2. On 16.11.10, counsel for insurance company had filed legal offer of compensation. On 04.07.11, legal offer was considered by counsel for injured which was not acceptable to him and case was adjourned for hearing on the point of quantum of compensation for 18.07.11.
3. On 18.07.11, I heard counsel for injured and counsel for insurance company on the point of quantum of compensation and case was adjourned for further arguments and filing of case laws on behalf of insurance company. On 25.07.11, case laws were filed on behalf of injured and case was adjourned for passing of award for today.
4. Insurance company, in its legal offer, has offered Rs. 20,000/ in respect of pain and suffering. Injured remained admitted in hospital from 08.05.10 to 14.05.10. Considering the nature of injuries sustained by injured and her period of treatment, I am of the considered view that injured should be granted Rs. 25,000/ under this MACT No. 281/10 2 of 6 head. Therefore, Rs. 25,000/ is granted under the head of Pain and Suffering.
5. Insurance company, in its legal offer, has also offered Rs. 10,000/ in respect of Special Diet and Conveyance. I am of the view that amount of Rs. 10,000/ is just and fair in this regard. Therefore, Rs. 10,000/ is granted under the heads of Special Diet and Conveyance.
6. Insurance company, in its legal offer, has also offered Rs. 5,000/ in respect of Attendant Charges. I am of the view that Rs. 6,000/ should be granted under this head. Therefore, Rs. 6,000/ is granted under the head of Attendant Charges.
7. Insurance company, in its legal offer, has also offered Rs. 5,000/ in respect of Loss of Amenities. I am of the view that amount of Rs. 5,000/ is just and fair in this regard. Therefore, Rs. 5,000/ is granted under the head of Loss of Amenities.
8. Insurance company, in its legal offer, has also offered Rs. 5,800/ in respect of Damages to the Scooty. Injured has also paid Rs. 950/ for taking her damaged scooty for repair and bringing it back to her residence. Therefore, Rs. 5,800/ along with Rs. 950/, totaling to Rs. 6,750/ is granted under the head of Damages to the Scooty.
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9. During arguments, it is submitted by counsel for injured that injured has taken claim under Mediclaim policy except for the bills filed on record. It is further submitted that amount of these bills may only be granted. Considering submissions of counsel for injured, injured is granted Rs. 5,899/ in respect of medical bills since original medical bills have been filed on record which shows that injured had not claimed these bills under any Mediclaim policy.
10. Counsel for injured has relied upon case laws namely "Himachal Road Transport Corporation and another Vs Ganeshwar Sharma and another, 2001 ACJ 931 and United India Insurance Co. Ltd Vs Shyam Kumar and others, 2006 ACJ 2092" in support of his submissions that injured is entitled to receive salary for leave period. He further submits that insurance company has offered only Rs. 30,832/, i.e. half pay of 109 days while it should have been offered full salary for 109 days. On the other hand, counsel for insurance company has not given any reason as to why insurance company has not offered full pay for 109 days.
11. Considering the submissions of counsel for injured and counsel for insurance company as submitted above and the case laws as cited by counsel for injured, I am of the view that injured is entitled to receive Rs. 61,664/ (Rs. 30,832*2) in respect of full pay of 109 MACT No. 281/10 4 of 6 days.
12. In view of above additions, total compensation payable to claimant is as under
1. Pain & Suffering : Rs. 25,000/.
2. Special Diet & Conveyance : Rs. 10,000/.
3. Attendant Charges : Rs. 6,000/.
4. Loss of Amenities : Rs. 5,000/.
5. Damages to Scooty : Rs. 6,750/.
6. Medical expenses : Rs. 5,899/
7. Loss of Income : Rs. 61,664/ Total : Rs. 1,20,313/
13. To sum up, I hereby hold that claimant is entitled to net amount of Rs. 1,20,313/ to be paid by insurance company within 30 days of today.
14. As such, insurance company is directed to deposit the cheque of the awarded amount within 30 days from today failing which claimant would be entitled to further interest @ 12% for the delayed period.
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15. Copy of this order be given to parties for compliance. DAR is disposed of on aforesaid terms. File be consigned to record room.
ANNOUNCED IN THE OPEN (CHANDRA BOSE)
COURT ON 10.08.11 JUDGE/MACT:ROHINI
DELHI
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