Delhi District Court
Smt. Bhagwati Devi vs . Ram Ashre & Anr. on 16 October, 2018
1
IN THE COURT OF SH. PARAMJIT SINGH PO : MACT (SOUTHWEST
DISTRICT), DWARKA COURTS: NEW DELHI
MACP No. : 550/16
Smt. Bhagwati Devi Vs. Ram Ashre & Anr.
CNR No. DLSW010011602015
Smt.Bhagwati Devi
W/o Sh. Richpal Singh
R/o F15, Gali No.12,
Bhagati Garden Extension, Uttam Nagar
New Delhi. ... Petitioner
Vs.
1. Sh. Ram Ashre (Driver cum Owner)
S/o Sh. Sobha Nath
R/o P98, PBlock
Mohan Garden, Uttam Nagar,
New Delhi.
2. Reliance General Insurance Co. Ltd. (Insurer)
16, Okhla Industrial Area
New Delhi. ... Respondents
MACP No. : 566/16
Indu Singh Vs. Ram Asre & Anr.
CNR No. DLSW010011872015
1. Ms.Indu Singh
D/o Sh. Richpal Singh
W/o Sh.Pardeep Verma
R/o F15, Gali No.12,
(MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 1/33
2
Bhagati Garden Extension
Uttam Nagar
New Delhi. ... Petitioner
Vs
1. Sh. Ram Ashre (Driver cum Owner)
S/o Sh. Sobha Nath
R/o P98, PBlock
Mohan Garden, Uttam Nagar,
New Delhi.
2 Reliance General Insurance Co. Ltd. (Insurer)
16, Okhla Industrial Area
New Delhi. ... Respondents
Date of institution of MACP No. 550/16 12.03.2015
Date of institution of MACP No. 566/16 12.03.2015
Date on which, judgment have been reserved25.09.2018
Date of pronouncement of judgment 16.10.2018
JUDGMENT
Vide this common judgment, I shall dispose of two claim petitions bearing MACP No. 550/16 and MACP No. 566/16 pertaining the same road traffic accident, which took place on 21.10.2014.
The first petition (bearing MACP No. 550/16) has been filed qua the injuries caused to petitioner/ injured Smt. Bhagwati Devi in a road traffic accident dated 21.10.2014.
The connected petition (bearing MACP No. 566/16) has been filed qua (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 2/33 3 the injuries sustained by petitioner/ injured Ms. Indu Singh in the same road traffic accident.
2. Brief facts as made out from the abovesaid petitions are that on 21.10.2014, petitioners Smt. Bhagwati Devi and Ms. Indu Singh were going towards their home and were standing at the pavement of Dwarka Mor TPoint, when all of a sudden a vehicle bearing no.DL9CY0259 came from NSIT side at a very high speed and in rash and negligent manner and hit both the petitioners and as a result of the impact, they fell down on the road and sustained injuries. It is further stated that after the accident, petitioners were taken to Roop Rani Maggo Hospital by the driver of the offending vehicle and thereafter they were shifted to Mata Chanan Devi Hospital, Janak Puri, New Delhi. It is stated that accident was caused due to rash and negligent driving of R1/driver of the offending vehicle bearing no.DL9CY0259, who was driving the said vehicle in rash and negligent manner at a very high speed and without obeying the traffic rules and regulations. It is further stated that the time of accident, petitioner Bhagwati Devi was working privately and was earning Rs.15,000/ p.m. by stitching clothes and petitioner Indu Singh was earning Rs.20,000/ p.m. by giving coaching at various centres. It is also stated that accident was caused due to rash and negligent driving of R1, who was also the owner of the offending vehicle and R2/Insurance Company was the insurer of the said vehicle and both of them were jointly and severally liable to pay the compensation and it has been prayed that an award for a sum of Rs.15 lakh each may be passed in favour of the petitioners and against the respondents.
3. In its reply, R2/Reliance General Insurance Company Ltd. has stated that the liability, if any of the R2/Insurance Company was subject to terms, (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 3/33 4 conditions, exceptions and limitation of the insurance policy. It is further stated that without admitting the factum of accident, liability of the R2/Insurance Company, if any was as per the terms, conditions and exceptions of the insurance policy and as per the provisions of Motor Vehicle Act.
In parawise reply, the contents of para nos.1 to 7 and 20 to 22, of the petitions have been denied for want of knowledge and the contents of para nos.8 to 19, 24 to 27 and 29 to 30 are stated to be matter of record. Contents of the remaining paras have been denied on behalf of the R2/Insurance Company and it has been prayed that the present petitions may be dismissed with cost.
4. It is pertinent to mention here that WS has not been filed in both these cases on behalf of R1Ram Ashre (driver cum owner of the offending vehicle)
5. In the case bearing MACP No.550/16, on the basis of the pleadings of the parties, the following issues were framed on 05.04.2016 by the Ld. Predecessor of this court :
ISSUES :
1. Whether Smt. Bhagwati sustained injuries in a motor vehicle accident dated 21.10.2014 due to rash and negligent driving of vehicle no. DL 9CY 0259 by R.1 ? ...OPP
2. Whether the petitioner is entitled to claim compensation, if so, what amount and from whom ? ...OPP
3. Relief.
6. In the case bearing MACP No.566/16, on the basis of the pleadings of the parties, the following issues were framed on 05.04.2016 by the Ld. Predecessor of (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 4/33 5 this court :
ISSUES :
1. Whether Ms. Indu sustained injuries in a motor vehicle accident dated 21.10.2014 due to rash and negligent driving of vehicle no. DL 9CY 0259 by R.1 ? ...OPP
2. Whether the petitioner is entitled to claim compensation, if so, what amount and from whom ? ...OPP
3. Relief.
7. In the case bearing MACP No.550/16, petitioner/ injured Smt. Bhagwati Devi has examined herself as PW1 and thereafter, PE was closed on behalf of the said petitioner/ injured.
In the connected case bearing MACP No.566/16, petitioner/ injured Ms. Indu Singh has examined herself as PW1 and thereafter, PE was closed on behalf of the said petitioner/ injured.
8. In RE, R2/Insurance Company has examined R2W1 Sh. Nitin Nayyar, Manager (Legal Claim) and thereafter it was stated on behalf of R2/Insurance Company that no other RE was to be led and accordingly, RE was closed vide order dated 26.07.2017 passed by Ld Predecessor of this court.
9. I have heard the arguments in both these cases (bearing MACP No.550/16 and MACP No.566/16) put forward by Ld. counsels for the petitioners and R2/ insurance company and have carefully gone through record of the case. I have (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 5/33 6 carefully considered the evidence led by the petitioners in support of their respective case and RE led on behalf of R2/Insurance Company. I have also carefully perused written submissions filed on behalf of the petitioners and R2/ insurance company.
It is pertinent to mentioned here that the arguments have not been addressed in both the cases on behalf of R1 Ram Ashre (driver cum owner of the offending vehicle), despite opportunity being given.
10. The issuewise findings are as under :
11. ISSUE No. 1 in both the cases bearing MACP No.550/16 and MACP No.566/16 Whether Ms. Bhagwati and Ms. Indu sustained injuries in a motor vehicle accident dated 21.10.2014 due to rash or negligent driving of vehicle no. DL 9CY0259 by R.1 ? ...OPP The onus to prove the abovesaid issue no. 1 was upon the petitioners/ injured and in order to discharge the said onus, the petitioner Ms.Bhagwati Devi (petitionerinjured in MACP No.550/16) has filed her evidence by way of affidavit (Ex. PW1/A), wherein it has been stated that on 21.10.2014 at about 8:30 PM, she along with her daughter were going towards the bus stand to board the bus for Safdarjung Hospital and when they reached near Dwarka Mor Red Light and were about to cross the road, in the meantime a Maruti Van bearing No.DL9CY0259 came from NSIT side, which was being driven by R1/Driver at a very high speed and in a rash and negligent manner and hit her and her daughter and as a result of the impact, she and her daughter fell down on the road and sustained injuries. PW1 further deposed that after the accident, she and her daughter were taken to Mata Roop Rani Hospital and from there, they were shifted to Mata Chanan Devi Hospital, Janak (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 6/33 7 Puri, New Delhi for treatment. PW1 also deposed that the accident has been caused by rash and negligent driving of R1/driver of the offending vehicle bearing no.DL9CY0259, who was driving the said vehicle in rash and negligent manner and in contravention to traffic rules and regulations.
Regarding issue no.1, PW1 Indu Singh (petitionerinjured in MACP No.566/16) has also filed her evidence by way of affidavit (Ex. PW1/A) and therein she has also deposed about the manner in which the accident was caused in this case and her testimony in this regard is almost on the similar lines as that of above said Ms.Bhagwati Devi.
The important fact is that the abovesaid witnesses i.e. PWMs.Bhagwati Devi and PWMs.Indu Singh were cross examined on behalf respondent no.2/ insurance company, but nothing material has come on record which could assail the credibility or trustworthiness of these witnesses.
In her cross examination by the Ld. counsel for R2/Insurance company, PWMs.Bhagwati Devi stated that accident took place at Dwarka Mor and she was taken to the hospital by R1/driver Ram Ashre and the offending vehicle was having no.DL9CY0259. PWBhagwati Devi also denied the suggestion that she was negligent or that she was deposing falsely. Further, in her cross examination by the Ld. counsel for R2/Insurance company, PWMs.Indu Singh stated that accident took place at Dwarka Mor and there was no zebra crossing at the place where they were standing to cross the road. PWIndu Singh also denied the suggestion that she was negligent or that she was deposing falsely. In these circumstances, nothing material has come on record which could shake the credibility of these witnesses qua their deposition regarding the manner in which the accident was caused in this case.
Hence, in view of the above discussion & observations and having regard to the fact and circumstances of the present case, it is evident that petitioners/ (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 7/33 8 injuredBhagwati Devi and Indu Singh sustained injuries in motor vehicle accident due to rash and negligent driving of offending vehicle no. DL 9CY0259 which was being driven and owned by R1 Ram Ashre and insured with R2/ Reliance General Insurance Company Ltd at the time of accident.
Accordingly, issue no.1 is decided in favour of the petitioners/ injured and against the respondents.
12. ISSUE No. 2 ( MACP No. 550/16) Whether the petitioner is entitled to claim compensation, if so, what amount and from whom ? ...OPP The onus to prove the abovesaid issue no. 2 was upon the petitioner/ injured Smt. Bhagwati Devi and in order to discharge the said onus in the case bearing MACP No. 550/16, the petitioner/injured Smt. Bhagwati Devi has examined herself as PW1 and has filed her evidence by way of affidavit (Ex. PW1/A), wherein it has been stated that she had received grievous injuries in the accident caused due to rash and negligent driving of the offending vehicle bearing no. DL 9CY 0259, being driven and owned by respondent no.1 and after the accident, she was taken to Roop Rani Maggo, hospital and from there, she was shifted to Mata Chanan Devi Hospital, Janak Puri, New Delhi, where she remained admitted from 21.10.2014 to 24.10.2014 and got treatment for the injuries received in the accident in this case. PW1 further deposed that she remained bed ridden for about six months and had to hire maid/attendant and spent about Rs.5,000/ p.m upon the same and she also incurred expenses of nearly Rs. 3 lacs on her treatment and she also spent Rs. 20,000/ on conveyance and Rs. 25,000/ on special diet. . PW1 deposed that she was doing private job of stitching clothes and was earning Rs.15,000/pm at the time of accident. PW1 has also relied upon her medical (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 8/33 9 treatment records and medical bills which are Ex. PW1/1 and DAR, which is Ex. PW1/2. .
Hence, in view of the above and in view of the material and evidence record, it is clear that petitioner/injuredSmt. Bhagwati Devi sustained injuries in motor vehicle accident due to rash and negligent driving of offending vehicle no. DL 9CY 0259 which was being driven and owned by R1 Ram Ashre and insured with R2/Reliance General Insurance Company Ltd at the time of accident and as such, petitioner / injuredSmt.Bhagwati Devi has become entitled to claim compensation for the injuries caused to her in the abovesaid accident.
13. Quantum of compensation payable to the petitioner/injuredSmt. Bhagwati Devi (MACP No. 550/16) is ascertained under the following heads:
14. NATURE AND EXTENT OF INJURIES As per the medical treatment record/discharge summary, Ex. PW1/1 ( colly.), petitioner/injuredSmt. Bhagwati Devi is a case of fracture olecranon right side .
Further, the perusal of the record reveals that petitioner/injured has not filed on record any document to show that she has suffered any permanent physical disability due to the injuries sustained by her in the accident in this case.
15. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injuredSmt. Bhagwati Devi has undergone initial treatment at Roop Rani Maggo Hospital, Uttam Nagar, New Delhi and thereafter she was shifted to Mata Chanan Devi , Janak Puri , New Delhi for further treatment.
(MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 9/33 10 In the instant case, petitioner/injured Smt. Bhagwati Devi ( PW1) deposed that after accident she was taken to Roop Rani Maggo Hospital, Uttam Nagar, New Delhi and thereafter she was shifted to Mata Chanan Devi , Janak Puri , New Delhi, where she remained admitted from 21.10.2014 to 24.10.2014 and got treatment for the injuries received in the accident in this case. Further, in regard to the treatment undergone by her, PW1 has placed on record the medical bills, Ex. PW1/1 ( colly.) amounting to Rs. 25,285/. There is no reason to doubt the said bills, Ex. PW1/1 ( colly.). In these circumstances and in view of the material on record, the petitioner/injured is entitled to a sum of Rs.25,285/ and accordingly, the petitioner/injured Smt. Bhagwati Devi is awarded the said amount i.e Rs. 25,285/ ( Rupees Twenty Five Thousand, Two Hundred Eighty Five Only ) towards medicines and medical treatment.
16. CONVEYANCE & SPECIAL DIET In the present case, as per the medical treatment record, petitioner/ injured Smt. Bhagwati Devi is a case of fracture olecranon right side . In these circumstances, the petitioner/injured must have visited the hospital / doctors for her treatment and would also have required special diet for certain period to recover from the injuries sustained in the accident.
It is being submitted on behalf of the petitioner/injured that she has spent Rs. 20,000/ on conveyance and Rs. 25,000/ on special diet , however no evidence, documentary or otherwise, in this regard has been brought on record on behalf of the petitioner. Further, it is pertinent to note that from the material on record, it is evident that the petitioner/injured has not suffered any permanent disability due to the injuries sustained in the accident in this case.
Hence, in view of the above and in view of the material on record, (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 10/33 11 petitioner/injured shall be entitled to a sum of Rs. 10,000/ ( Rupees Ten Thousand only) towards conveyance. Further, in view of the injuries suffered by her, the petitioner/injured must have needed special diet for a certain period to have a fast and proper recovery. In these circumstances and in view of the material on record, the petitioner/injured is also awarded Rs. 15,000/ ( Rupees Fifteen Thousand Only) towards expenses for special diet.
17. LOSS OF INCOME In the present case, the petitioner/injured (PW1) deposed that she was doing private job of stitching clothes and was earning Rs.15,000/p.m at the time of accident, however, no documentary evidence in this regard has been placed on record and in absence thereof, the minimum wages during the relevant period i.e Rs. 8,632/ p.m is taken as criteria for calculating the loss of income to the petitioner/ injured.
In the instant case, petitioner/injured has suffered fracture olecranon right side and has remained hospitalized for about three days . Further, in view of the material on record, it appears that it might have taken about three months for the petitioner/ injured to recover from the said injuries sustained by her in the accident. In these circumstances and in view of the material on record, the petitioner is entitled to a sum of Rs. 8,632/ x 3= Rs. 25,896/ (Rupees Twenty Five Thousand, Eight Hundred Ninety Six only) under the head ' Loss of Income'.
18. ATTENDANT CHARGES In the present case, the petitioner/injured has deposed that she has spent a sum of Rs. 5,000/ p.m on attendant for about nine months , however (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 11/33 12 neither the said attendant has been examined nor any documentary proof regarding the payment being made to the abovesaid attendant has been brought on record by the petitioner /injured in this case.
In the instant case, the perusal of the record reveals that petitioner / injured Smt. Bhagwati Devi is a case of fracture olecranon right side and she remained hospitalized for about three days due to the said injuries sustained by her in the accident. In these circumstances, the petitioner/injured must have required the services of attendant and physiotherapist for about three months. It is pertinent to note that the petitioner/injured would have also needed an attendant to look after her, even if the gratuitous services were rendered by the some or the other of her family members. In the case titled as "Delhi Transport Corporation and Anr. V. Lalita"
(reported as AIR 1981 Delhi 558), it has been held by the Hon'ble High Court of Delhi that a victim cannot be deprived of compensation towards gratuitous services rendered by some of the family members.
In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to an amount of Rs. 4,000 X 3 = Rs. 12,000/ (Rupees Twelve Thousand Only) towards 'Attendant Charges'.
19. PAIN & SUFFERINGS As per the settled law, for assessing the pain & sufferings, the following factors have to be taken into account :
(a) Nature of injury
(b) Parts of body where injuries occurred
(c) Surgeries, if any
(d) Confinement in hospital
(e) Duration of the treatment.
(MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 12/33 13 In the instant case, in view of the material/evidence on record, there is no element of doubt that the petitioner/injured has suffered fracture olecranon right side and has remained hospitalized for about three days due to the said injuries sustained by her. In these circumstances and in view of the law laid down in the case titled as "Rekha Jain Vs. National Insurance Co. Ltd." (arising out of SLP (C) Nos. 564951 of 2012), the petitioner/injured is entitled to compensation on account of pain & suffering due to the accident. The pain and sufferings of petitioner/injured can not be adequately compensated in terms of money however, in view of the facts & circumstances of the present case and in view of the material on record, a sum of Rs. 50,000/ ( Rupees Fifty Thousand only) is awarded to the petitioner towards the head " pain & sufferings".
20. LOSS OF ENJOYMENT OF LIFE AND AMENITIES The petitioner/injured has claimed that she has suffered the enjoyment of life and other amenities on account of the accident. The petitioner/injured was about 48 years of age at the time of accident and has suffered fracture olecranon right side and was hospitalized for about three days due to the said injuries sustained in the accident. In these circumstances and in view of the law laid down vide judgment of Rekha Jain (Supra), the petitioner/injured shall be entitled to a sum of Rs. 30,000/ (Rupees Thirty Thousand only) as compensation towards loss of enjoyment of life and amenities. In addition to this, the petitioner / injured shall also be entitled to a sum of Rs. 20,000/ (Rupees Twenty Thousand only) as compensation for mental and physical shock suffered by her due to the accident in this case.
21. The breakup of compensation that has been awarded to the petitioner/ (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 13/33 14 injured Smt. Bhagwati Devi (MACP No.550/16) is tabulated as below : S.No. HEADS AMOUNT (in Rupees) 1 Medicines & Treatment Rs. 25,285/
2. Conveyance Rs. 10,000/
3. Special Diet Rs. 15,000/
4. Loss of Income Rs. 25,896/
5. Attendant Charges Rs. 12,000/
6. Pain & Sufferings Rs. 50,000/
7. Loss of Enjoyment of Life and Amenities Rs. 30,000/
8. Compensation for mental and physical shock Rs. 20,000/ Total Rs. 1,87,285/ rounded of to Rs. 1,88,000/
22. INTEREST In the instant case, there is nothing on record, which could justify the withholding of interest on the award amount. In these circumstances and having regard to the fact and circumstances of the present case, it will be just and proper to award interest @ 9% per annum on the award amount in this case. Hence, the petitioner/injured is awarded interest @ 9% per annum on the abovesaid compensation/ award amount i.e Rs. 1,88,000/ from the date of filing of petition i.e. 12.3.2015 till realization.
23. RELIEF IN MACP No. 550/16 ( Bhagwati Devi Vs. Ram Ashre & Anr.) Thus in view of the above discussion & observations and having regard (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 14/33 15 to the fact and circumstances of the present case, an award for a sum of Rs.1,88,000 / (Rupees One Lakh , Eighty Eight Thousand only) alongwith interest @ 9% p.a from the date of filing of the petition i.e 12.3.2015 till realization is passed in favour of the petitioner/injured-Smt. Bhagwati Devi and against the respondents in case bearing MACP No.550/16.
24. FORMIVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 21.10.2014
ii). Name of the injured : Smt. Bhagwati Devi
iii). Age of the injured : 48 years ( at the time of accident)
iv). Occupation of the injured : Private Job (at the time of accident)
v). Income of the injured : Rs. 8,632/ p.m
vi). Nature of injury : Grievous
vii). Medical treatment taken : Mata Roop Rani Maggo Hospital. New Delhi by the injured & Mata Chanan Devi Hospitals ,Janak Puri, New Delhi
viii). Period of hospitalization : About 03 days
ix). Whether any permanent : No disability?If yes, give details
10. Computation of Compensation S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(i) Expenditure on treatment Rs. 25,285/
(ii) Expenditure on conveyance Rs. 10,000/
(MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 15/33
16
(iii) Expenditure on special diet Rs. 15,000/
(iv) Cost of attendant Rs. 12,000/
(v) Loss of earning capacity
(vi) Loss of income Rs. 25,896/
(vii) 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 physical Rs. 20,000/
shock
(ii) Pain and suffering Rs. 50,000/
(iii) Loss of amenities of life Rs. 30,000/
(iv) Disfiguration
(v) Loss of marriage prospects
(vi) Loss of earning, inconvenience, hardships,
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 N.A of disability as permanent or temporary
(ii) Loss of amenities or loss of expectation of life span on account of disability
(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. 1,87,285/ rounded of to Rs. 1,88,000/ (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 16/33 17
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of petition i.e. 12.3.2015 till realization.
17. Total amount including interest Rs. 1,88,000/ + interest @ 9% per annum from the date of filing of the petition i.e. 12.3.2015 till realization.
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 award By credit in the SB Account of amount to the claimant(s) (Clause29) the petitioner/injured. 21 Next Date for compliance of the award. 22.11.2018 ( Clause 31)
25. ISSUE No. 2 ( MACP No. 566/16) Whether the petitioner is entitled to claim compensation, if so, what amount and from whom ? ...OPP The onus to prove the abovesaid issue no. 2 was upon the petitioner/ injured Ms. Indu Singh and in order to discharge the said onus in the case bearing MACP No. 566/16, the petitioner / injured Ms. Indu Singh has examined herself as PW1 and has filed her evidence by way of affidavit (Ex. PW1/A), wherein it has been stated that she had received grievous injuries in the accident caused due to rash and negligent driving of the offending vehicle bearing no. DL 9CY 0259, being driven and owned by respondent no.1 and after the accident, she was taken to Roop Rani Maggo , hospital and from there, she was shifted to Mata Chanan Devi Hospital, Janak Puri, New Delhi, where she remained admitted from 21.10.2014 to (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 17/33 18 24.10.2014 and got treatment for the injuries received in the accident in this case. PW1 further deposed that she remained under treatment for about nine months and had to hire maid/attendant and spent about Rs.5,000/ p.m upon the same and she also incurred expenses of nearly Rs. 3 lacs on her treatment and she also spent Rs. 20,000/ on conveyance and Rs. 25,000/ on special diet. . PW1 deposed that she was doing private job and was earning Rs.20,000/pm at the time of accident. PW1 has also relied upon her medical treatment records and medical bills which are Ex. PW1/1 and DAR which is Ex. PW1/2. .
Hence, in view of the above and in view of the material and evidence record, it is clear that petitioner/injured Ms. Indu Singh sustained injuries in motor vehicle accident due to rash and negligent driving of offending vehicle no. DL 9CY 0259, which was being driven and owned by R1 Ram Ashre and insured with R 2/Reliance General Insurance Company Ltd at the time of accident and as such, petitioner/injured Ms. Indu Singh has become entitled to claim compensation for the injuries caused to her in the abovesaid accident.
26. Quantum of compensation payable to the petitioner/injured Ms. Indu Singh (MACP No. 566/16) is ascertained under the following heads:
27. NATURE AND EXTENT OF INJURIES As per the medical treatment record/discharge summary, Ex. PW1/1 ( colly.), petitioner/injured Ms. Indu Singh is a case of fracture of shaft of femur with fracture mandible , left parasymphyseal and subcondylar and lip injury with tissue loss .
Further, the perusal of the record reveals that petitioner/injured has not filed on record any document to show that she has suffered any permanent physical (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 18/33 19 disability due to the injuries sustained by her in the accident in this case.
28. MEDICINES & TREATMENT In the present case, as per record, the petitioner/injured Ms. Indu Singh has undergone initial treatment at Roop Rani Maggo Hospital, Uttam Nagar, New Delhi and thereafter she was shifted to Mata Chanan Devi , Janak Puri , New Delhi for further treatment .
In the instant case, petitioner/injured Ms. Indu Singh ( PW1) deposed that after accident, she was taken to Roop Rani Maggo Hospital, Uttam Nagar, New Delhi and thereafter she was shifted to Mata Chanan Devi , Janak Puri , New Delhi , where she remained admitted from 21.10.2014 to 24.10.2014 and got treatment for the injuries received in the accident in this case. Further, in regard to the treatment undergone by her, PW1 has placed on record the medical bills, Ex. PW1/1 ( colly.) amounting to Rs.1,18,646/. There is no reason to doubt the said bills, Ex. PW1/1 ( colly.). In these circumstances and in view of the material on record, the petitioner / injured shall be entitled to a sum of Rs. 1,18,646/ and accordingly , the petitioner/injured Ms. Indu Singh is awarded the said amount i.e Rs. 1,18,646 / ( Rupees One Lakh ,Eighteen Thousand, Six Hundred Forty Six Only ) towards medicines and medical treatment.
29. CONVEYANCE & SPECIAL DIET In the present case, as per the medical treatment record, petitioner/ injured Ms. Indu Singh is a case of fracture of shaft of femur with fracture mandible, left parasymphyseal and subcondylar and lip injury with tissue loss . In these circumstances, the petitioner/injured must have visited the hospital / doctors for her treatment and would also have required special diet for certain period to (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 19/33 20 recover from the injuries sustained in the accident.
It is being submitted on behalf of the petitioner/injured that she has spent Rs. 20,000/ on conveyance and Rs. 25,000/ on special diet , however no evidence, documentary or otherwise, in this regard has been brought on record on behalf of the petitioner. Further, it is pertinent to note that from the material on record, it is evident that the petitioner/injured has not suffered any permanent disability due to the injuries sustained in the accident in this case.
Hence, in view of the above and in view of the material on record, petitioner/injured shall be entitled to a sum of Rs. 10,000/ ( Rupees Ten Thousand only) towards conveyance. Further, in view of the injuries suffered by her, the petitioner/injured must have needed special diet for a certain period to have a fast and proper recovery. In these circumstances and in view of the material on record, the petitioner/injured is also awarded Rs. 15,000/ ( Rupees Fifteen Thousand Only) towards expenses for special diet.
30. LOSS OF INCOME In the present case, the petitioner/injured stated that PW1 deposed that she was doing private job and was earning Rs. 20,000/p.m at the time of accident, however, no documentary evidence in this regard has been placed on record and in absence thereof, the minimum wages during the relevant period i.e Rs. 8,632/ p.m is taken as criteria for calculating the loss of income to the petitioner/injured.
In the instant case, petitioner/injured has suffered fracture of shaft of femur with fracture mandible , left parasymphyseal and subcondylar and lip injury with tissue loss and has remained hospitalized for about three days . Further, in view of the material on record, it appears that it might have taken about six months for the petitioner/ injured to recover from the said injuries sustained (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 20/33 21 by her in the accident. In these circumstances and in view of the material on record, the petitioner shall be entitled to a sum of Rs. 8,632/ x 6= Rs. 51,792/ (Rupees Fifty One Thousand, Seven Hundred Ninety Two only) under the head ' Loss of Income'.
31. ATTENDANT CHARGES In the present case, the petitioner/injured has deposed that she has spent a sum of Rs. 5,000/ p.m on attendant for about nine months , however neither the said attendant has been examined nor any documentary proof regarding the payment being made to the abovesaid attendant has been brought on record by the petitioner /injured in this case.
In the instant case, the perusal of the record reveals that petitioner / injured Ms. Indu Singh is a case of fracture of shaft of femur with fracture mandible , left parasymphyseal and subcondylar and lip injury with tissue loss and she remained hospitalized for about three days due to the said injuries sustained by her in the accident. In these circumstances, the petitioner/injured must have required the services of attendant and physiotherapist for about six months. It is pertinent to note that the petitioner/injured would have also needed an attendant to look after her, even if the gratuitous services were rendered by the some or the other of her family members. In the case titled as "Delhi Transport Corporation and Anr. V. Lalita"
(reported as AIR 1981 Delhi 558), it has been held by the Hon'ble High Court of Delhi that a victim cannot be deprived of compensation towards gratuitous services rendered by some of the family members.
In these circumstances and in view of the material on record, the petitioner/injured shall be entitled to an amount of Rs. 4,000 X 6 = Rs. 24,000/ (Rupees Twenty Four Thousand Only) towards 'Attendant Charges'.
(MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 21/33 22
32. PAIN & SUFFERINGS As per the settled law, for assessing the pain & sufferings, the following factors have to be taken into account :
(a) Nature of injury
(b) Parts of body where injuries occurred
(c) Surgeries, if any
(d) Confinement in hospital
(e) Duration of the treatment.
In the instant case, in view of the material/evidence on record, there is no element of doubt that the petitioner/injured has suffered fracture of shaft of femur with fracture mandible , left parasymphyseal and subcondylar and lip injury with tissue loss and has remained hospitalized for about three days due to the said injuries sustained by him. In these circumstances and in view of the law laid down in the case titled as "Rekha Jain Vs. National Insurance Co. Ltd." (arising out of SLP (C) Nos. 564951 of 2012), the petitioner/injured is entitled to compensation on account of pain & suffering due to the accident. The pain and sufferings of petitioner/injured can not be adequately compensated in terms of money however, in view of the facts & circumstances of the present case and in view of the material on record, a sum of Rs. 70,000/ ( Rupees Seventy Thousand only) is awarded to the petitioner towards the head " pain & sufferings".
33. LOSS OF ENJOYMENT OF LIFE AND AMENITIES The petitioner/injured has claimed that she has suffered the enjoyment of life and other amenities on account of the accident. The petitioner/injured was about 27 years of age at the time of accident and has suffered fracture of shaft of femur with fracture mandible , left parasymphyseal and subcondylar and lip injury with (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 22/33 23 tissue loss and was hospitalized for about three days due to the said injuries sustained in the accident. In these circumstances and in view of the law laid down vide judgment of Rekha Jain (Supra), the petitioner/injured shall be entitled to a sum of Rs. 50,000/ (Rupees Fifty Thousand only) as compensation towards loss of enjoyment of life and amenities. In addition to this, the petitioner / injured shall also be entitled to a sum of Rs. 30,000/ (Rupees Thirty Thousand only) as compensation for mental and physical shock suffered by her due to the accident in this case.
34. The breakup of compensation that has been awarded to the petitioner/ injuredMs. Indu Singh (MACP No. 566/16) is tabulated as below : S.No. HEADS AMOUNT (in Rupees) 1 Medicines & Treatment Rs. 1,18,646/
2. Conveyance Rs. 10,000/
3. Special Diet Rs. 15,000/
4. Loss of Income Rs. 51,792/
5. Attendant Charges Rs. 24,000/
6. Pain & Sufferings Rs. 70,000/
7. Loss of Enjoyment of Life and Amenities Rs. 50,000/
8. Compensation for mental and physical shock Rs. 30,000/ Total Rs. 3,69,438/ rounded of to Rs. 3,70,000/
35. INTEREST In the instant case, there is nothing on record, which could justify the (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 23/33 24 withholding of interest on the award amount. In these circumstances and having regard to the fact and circumstances of the present case, it will be just and proper to award interest @ 9% per annum on the award amount in this case. Hence, the petitioner is awarded interest @ 9% per annum on the abovesaid compensation/ award amount i.e Rs. 3,70,000/ from the date of filing of petition i.e. 12.3.2015 till realization.
36. RELIEF IN MACP No. 566/16 ( Indu Singh Vs. Ram Ashre & Anr.) Thus in view of the above discussion & observations and having regard to the fact and circumstances of the present case, an award for a sum of Rs. 3,70,000 / (Rupees Three Lacs, Seventy Thousand only) alongwith interest @ 9% p.a from the date of filing of the petition i.e 12.3.2015 till realization is passed in favour of the petitioner/injured-Ms. Indu Singh and against the respondents in the case bearing MACP No.566/16.
37. FORMIVB SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD
i) Date of accident : 21.10.2014
ii). Name of the injured : Ms.Indu Singh
iii). Age of the injured : 27 years ( at the time of accident)
iv). Occupation of the injured : Private Job (at the time of accident)
v). Income of the injured : Rs. 8,632/ p.m (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 24/33 25
vi). Nature of injury : Grievous
vii). Medical treatment taken : Mata Roop Rani Maggo, Hospital. New Delhi by the injured & Mata Chanan Devi Hospitals ,Janak Puri, New Delhi
viii). Period of hospitalization : About 03 days
ix). Whether any permanent : No disability?If yes, give details
10. Computation of Compensation S. No. Heads Awarded by the Tribunal
11. Pecuniary Loss:
(i) Expenditure on treatment Rs. 1,18,646/
(ii) Expenditure on conveyance Rs. 10,000/
(iii) Expenditure on special diet Rs. 15,000/
(iv) Cost of attendant Rs. 24,000/
(v) Loss of earning capacity
(vi) Loss of income Rs. 51,792/
(vii) 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 physical Rs. 30,000/
shock
(ii) Pain and suffering Rs. 70,000/
(MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 25/33
26
(iii) Loss of amenities of life Rs. 50,000/
(iv) Disfiguration
(v) Loss of marriage prospects
(vi) Loss of earning, inconvenience, hardships,
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 N.A of disability as permanent or temporary
(ii) Loss of amenities or loss of expectation of life span on account of disability
(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. 3,69,438/ rounded of to Rs. 3,70,000/
15. INTEREST AWARDED
16. Interest amount up to the date of award @ 9% per annum from the date of filing of petition i.e. 12.3.2015 till realization.
17. Total amount including interest Rs. 3,70,000/ + interest @ 9% per annum from the date of filing of the petition i.e. 12.3.2015 till realization.
18. Award amount released As per table given below (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 26/33 27
19. Award amount kept in FDRs As per table given below
20. Mode of disbursement of the award By credit in the SB Account of amount to the claimant(s) (Clause29) the petitioner/injured.
21 Next Date for compliance of the award. 22.11.2018 ( Clause 31)
38. LIABILITY The offending vehicle bearing no. DL 9CY0259 was being driven and owned by R1 Ram Ashre and insured with R2/Reliance General Insurance Company Ltd. at the time of accident and as such, respondent no. 2/Reliance General Insurance Company Ltd, being the 'principal tort feasor', shall be liable to pay the awarded amount.
Further in the present case, it is being submitted on behalf of the R2/ Insurance company that driver of the offending vehicle was not holding a valid and effective DL at the time of accident and as such, R2/Insurance company was not liable to pay compensation. In this regard, R2/Insurance company has examined R2W1 Sh. Nitin Nayyer , Manager ( Legal Claim) , who has filed his evidence by way of affidavit (Ex. R2W1/A), wherein it has been stated that their office sent notices dated 20.4.2017 u/s 134 ( c ) of M.V. Act and u/o 12 rule 8 CPC to the insured respondent no.1 for production of his driving licence and original insurance policy and he has proved the said notices as Ex. R2W1/2 and its receipts as Ex. R2W1/3. He has further proved the insurance policy in question as Ex. R2W1/4. R2W1 also deposed that the offending vehicle was being driven by respondent no.1, who was not holding driving licence for driving the vehicle in question and the said (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 27/33 28 vehicle was being used by the insured in violation of section 149 ( 2) ( a) ( ii) and this fact was well within the knowledge of respondent no.1.
The important fact is that the aforesaid witness i.e R2W1 have been cross examined on behalf of the petitioner, however nothing material has come on record which could shake the credibility of this witness. Further, the perusal of the record reveals that this witness i.e R2W1 has not been cross examined on behalf of R1 Ram Ashre ( driver cum owner of offending vehicle) , who has chosen to remain absent during the relevant period in this case . In these circumstances, the abovesaid testimony of the R2W1 have remained uncontroverted qua the genuineness or validity of driving licence of R1. Further, it is pertinent to note here that valid driving licence, if any could have been brought on record by respondent no.1, however, he has chosen not to led any RE and remain absent during the relevant period and in absence thereof , the R2/National Insurance Co. Ltd shall be entitled to recover the compensation amount (being payable by R2/ Insurance company to petitioners herein) from R1 Ram Ashre ( driver cum owner of offending vehicle), in accordance with law.
Hence, in view of the above, Issue no. 2 is decided accordingly.
39. In the instant case, the award amount shall be deposited /transferred by respondent no. 2/ Reliance General Insurance Company Ltd. in the Account No. 37665510911 of 'MACT (SouthWest), Dwarka Courts, New Delhi ' at State Bank of India, District Court Complex, Sector 10, Dwarka, New Delhi, ( IFSC Code SBIN0011566 and MICR Code 110002483) by RTGS/NEFT/IMPS under intimation, with proof of notice to the claimant/petitioner and his counsel, to the Nazir of this court .
(MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 28/33 29 Further, the statements of petitioners/ injured Smt. Bhagwati Devi & Ms. Indu Singh regarding their financial status, needs and liabilities have also been recorded in this case . In view of the said statements of the petitioners/injured and having regard to facts and circumstances of the present case, the award amount qua petitioner / injured Smt. Bhagwati Devi ( MACP No.550/16) shall be distributed as follows: S.No. Name Status Amount of Release Amount of Period of Award Amount in Rs. FDR FDR
1. Bhagwati Devi Injured Rs.1,88,000 / Rs. 28,000/ Rs. 40,000/ 1 year Rs. 40,000/ 2 years Rs. 40,000/ 3 years Rs. 40,000/ 4 years Further,the award amount in respect of petitioner/injured Ms. Indu Singh (MACP No. 566/16) shall be distributed as follows: S.No. Name Status Amount of Release Amount of Period of Award Amount in Rs. FDR FDR
1. Indu Singh Injured Rs.3,70,000/ Rs. 40,000/ Rs. 55,000/ 1 year Rs. 55,000/ 2 years Rs. 55,000/ 3 years Rs.55,000/ 4 years Rs.55,000/ 5 years Rs,.55,000/ 6 years (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 29/33 30
40. Petitioner/injuredBhagwati Devi (MACP No. 550/16) has produced the passbook of her SB Account No. 65221986699 at SBI, Mohan Garden, Uttam Nagar, New Delhi (IFSC Code No. SBIN0051204), wherein it has been endorsed that "No ATM Card, Cheque book would be issued without permission of court ".
It is being requested on behalf of the petitioner/injuredSmt. Bhagwati Devi that the abovesaid cash amount may be transferred to her aforesaid SB Account at SBI, Mohan Garden, Uttam Nagar, New Delhi .
Accordingly, the Manager, State Bank of India, District Courts Complex,Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to the abovesaid SB Account No. 65221986699 of petitioner/injured Smt.Bhagwati Devi at SBI, Mohan Garden, Uttam Nagar, New Delhi and to keep the remaining amount in the form of above mentioned FDRs.
Manager, SBI, Mohan Garden, Uttam Nagar, New Delhi is directed to release the abovesaid cash amount to petitioner/injured Smt.Bhagwati Devi as per rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner/injured Smt. Bhagwati Devi.
All the original FDRs shall be retained by the concerned bank, however, the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner/injured Smt. Bhagwati Devi .
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner/injured Smt. Bhagwati Devi without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 30/33 31 petitioner/injured Smt. Bhagwati Devi .
The abovesaid SBI, Mohan Garden, Uttam Nagar, New Delhi is also directed not to issue any cheque book and /or debit card to the petitioner/injured Smt. Bhagwati Devi and if the same have already been issued, the said bank is directed to cancel the same and make an endorsement on the pass book that no cheque book or debit card shall be issued to petitioner/injured Smt. Bhagwati Devi .
SBI, Mohan Garden, Uttam Nagar, New Delhi shall permit account petitioner/injured Smt. Bhagwati Devi to withdraw money from her abovesaid saving bank account by means of a withdrawal form . .
41. Petitioner/injured Ms. Indu Singh ( MACP No.566/16) has stated that she is having a SB Account No. 20227635286 at SBI, Kakrola Mod, Uttam Nagar, New Delhi ( IFSC Code: SBIN0016120 ) wherein it has been endorsed that "No cheques on this A/c is issued and ATM Card blocked ".
It is being requested on behalf of the petitioner/injured Ms. Indu Singh that the abovesaid cash amount may be transferred to her aforesaid SB Account at SBI, Kakrola Mod, Uttam Nagar, New Delhi .
Accordingly, the Manager, State Bank of India, District Courts Complex,Sector10, Dwarka, New Delhi is directed to transfer the abovesaid cash amount to the abovesaid SB Account No. 20227635286 of petitioner/injured Ms. Indu Singh at SBI, Kakrola Mod, Uttam Nagar, New Delhi and to keep the remaining amount in the form of above mentioned FDRs.
Manager, SBI, Kakrola Mod, Uttam Nagar, New Delhi is directed to release the abovesaid cash amount to petitioner/injured Ms. Indu Singh as per (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 31/33 32 rules, as prayed.
At the time of maturity, the fixed deposit amount shall be credited in the aforesaid savings bank account of petitioner/injured Ms. Indu Singh .
All the original FDRs shall be retained by the concerned bank, however, the statement containing FDR number, amount, date of maturity and maturity amount shall be provided to petitioner/injured Ms. Indu Singh.
Manager of the concerned bank is directed not to permit premature encashment or loan qua the abovesaid FDRs to the petitioner/injured Ms. Indu Singh without the prior permission of this court.
Further, the interest on the said FDRs shall be paid monthly by automatic credit /transfer of interest amount in the aforesaid SB Account of the petitioner/injured Ms. Indu Singh .
The said SBI, Kakrola Mod, Uttam Nagar, New Delhi is also directed not to issue any cheque book and / or debit card to the petitioner/injured Suraj @ Anuj and if the same have already been issued, the said bank is directed to cancel the same and make an endorsement on the pass book that no cheque book or debit card shall be issued to petitioner/injured Ms. Indu Singh .
SBI, Kakrola Mod, Uttam Nagar, New Delhi shall permit account petitioner/injured Ms. Indu Singh to withdraw money from her abovesaid saving bank account by means of a withdrawal form .
42. The insurance company shall inform the petitioners as well as their counsel through registered post that the award amount is being transferred/ deposited so as to facilitate the petitioners to know about the deposit in the account.
Copy of this award be sent to the concerned Manager, SBI, District (MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 32/33 33 Courts Complex, Sector 10, Dwarka, New Delhi & Manager, SBI, Mohan Garden, Uttam Nagar, New Delhi and Manager, SBI, Kakrola Mod, Uttam Nagar, New Delhi for information / compliance.
Copy of this award be also given ''Dasti' to the petitioners/their counsel and Ld. Counsel for the respondent/insurance company.
The main judgment be placed in the file pertaining to the case bearing MACP No. 550/16 and the copy thereof be placed in the file of connected case bearing MACP No. 566/16 .
Ahlmad is directed to prepare separate misc. files and put up the same for filing of the compliance report on 22.11.2018.
File be consigned to the record room.
(Announced in the open (Paramjit Singh)
Court on 16.10..2018) PO, MACT (SouthWest District)
Dwarka Courts, New Delhi
16.10.2018
Digitally
signed by
PARAMJIT
PARAMJIT SINGH
SINGH Date:
2018.10.16
16:22:45
+0530
(MACP Nos.550/16 & 566/16) Bhagwati Devi & Indu Singh Vs. Ram Ashre & Ors 33/33