Delhi District Court
Dinesh vs Baldev Singh on 20 February, 2013
IN THE COURT OF SH. DINESH BHATT, PO,MACT(NORTH)/ TIS HAZARI
COURTS, DELHI
INJURY CASE
Suit No.:457/12
Unique ID no.:02401C0419642012
Dinesh
S/o Sh. Prem Singh
R/o Khasra no. 16/2, Gali no. 19,
Ist Floor, Shiv Kunj, Surendra Colony,
Sant Nagar, Jharoda, Delhi ..........Petitioner
Versus
1. Baldev Singh
S/o Lt. Sh. Shiv Baran Singh
R/o Village Katghar, P.O. City Katghar,
P.S. Pratapgarh, Distt. Pratapgarh,
U.P.
2. Ahmedabad Bengal Roadways Pvt. Ltd.
1295/1B, Kapadhera Village,
Opp. DC Office, near Fun & Food Village,
New Delhi
3. Oriental Insurance Co. Ltd.
DABI, 60, Janpath,
New Delhi ..........Respondents
Date of Institution : 05/09/2012
Date on which order was reserved : 20/02/2013
Date of Decision : 20/02/2013
Suit no.:457/12 Page 1/7
APPLICATION U/s 166 (4) OF MOTOR
VEHICLES ACT 1988 FOR GRANT OF
COMPENSATION
JUDGMENT/AWARD:
1. This is a case for claim of compensation arising out of DAR filed U/s 158 (6) MV Act by PS Timarpur in respect of injuries suffered by the petitioner in the road traffic accident dated 20/07/2012 and treated as petition U/s 166 (4) MV Act, 1988.
2. Petitioner's case is that on the day of accident while he was crossing the Gopalpur red light PS Timar Pur, Delhi on his Motorcycle, he was hit from behind by vehicle no. HR 55E 6795 (offending vehicle) driven by respondent no. 1 in rash and negligent manner. He was taken to hospital where FIR was lodged and MLC was prepared.
3. Respondent no. 1 is the driver, respondent no. 2 the owner and respondent no. 3 the insurer of the offending vehicle.
4. Respondent no. 1 & 2 have denied negligence of respondent no. 1 in the accident in question stating that the petitioner was under influence of liquor and was responsible for the accident in question.
5. Respondent no. 3 has admitted the insurance policy but stated that their liability, if any, was subject to terms and conditions of the insurance policy.
6. Detailed Accident Report alongwith copy of FIR, site plan, MLC, driving license, RC, permit, fitness, copy of seizure memo, mechanical inspection report, insurance policy and statement of eye witness have been filed on record.
7. From the pleadings of the parties following issues were framed for Suit no.:457/12 Page 2/7 consideration:
1. Whether the petitioner suffered injuries in a road traffic accident dated 20/07/2012 due to rash and negligent driving of respondent no. 1 of the offending vehicle no. HR 55E 6795, as alleged?
2. What amount of compensation the petitioner is entitled to and from whom?
3. Relief.
Issue wise findings:
8. Issue no. 1: PW1 has stated that on 20/07/2012 at 10:35 p.m. while on his Motorcycle on crossing the Gopalpur Red Light was hit by the offending vehicle driven by respondent no. 1 in rash and negligent manner causing grievous injuries. Petitioner was taken to Sushruta Trauma Centre where FIR was lodged and MLC was prepared. In crossexamination he denied the suggestion that he had wrongly overtaken the offending vehicle therefore, was himself responsible for the accident in question. He also stated that he did not remember as to whether he was drunken at the time of accident in question.
Respondent no. 1 & 2 have denied negligence of respondent no. 1 but have not led any evidence on their behalf.
As per FIR a case U/s 279/337 for the accident in question IPC had been registered against respondent no. 1. As per site plan, the accident in question was caused at point 'A' at Gopalpur Red Light, PS Timarpur Delhi. As per MLC, petitioner had been Suit no.:457/12 Page 3/7 brought to the hospital with injuries suffered in the alleged road traffic accident. It is also recorded therein that smell of alcohol was present. As per mechanical inspection report, the offending vehicle had fresh damaged parts on its front while Motorcycle of the petitioner was damaged from its rear side. Photocopy of statement U/s 161 Cr. PC of Surender Singh has also been filed on record.
Respondents have stated that petitioner was driving under influence of liquor therefore, it can be presumed that he was himself negligent in the accident in question. MLC mentions about the smell of alcohol of the petitioner but does not disclose the level of intoxication. In absence of any proof it cannot be presumed that petitioner was intoxicated to the extent that he was unable to control his own vehicle.
In view of the unrebutted testimony of the petitioner and documents available on record, it is prima facie proved that petitioner suffered injuries due to rash and negligent driving of respondent no. 1.
Accordingly, issue no. 1 is decided in favour of the petitioner.
9. Issue no. 2: In view of the findings of issue no. 1, petitioner is entitled to compensation. Petitioner has stated that he had suffered grievous injuries, 25 stitches were applied on his left cheek and face, had spent more than Rs. 25,000/ on treatment, Rs. 10,000/ on special diet, Rs. 5,000/ each on conveyance and attendant charges.
As per MLC, petitioner had suffered lacerated wounds on mandibular area and parietal area, petitioner was not fit for recording of statement and was referred to neurosurgery, ENT/ortho for further treatment.
As per treatment record, petitioner was admitted on 21/07/2012 in Safdarjang Hospital for treatment of head injuries wherein contusions in brain parenchyma and Suit no.:457/12 Page 4/7 haematoma in lateral muscles of head was noted ; with medicines and advice of review was discharged on 23/07/2012. On 25/07/2012 petitioner was stated to have been referred from neurosurgery, was conscious but disoriented. There were suture wounds on the left knee and was referred for maxillo OPD. On 26/07/2012 petitioner continued with his treatment for right temporal hemorrhagic contusions and was shown to be referred to AIIMS. There are no further treatment record or any disability certificate available on record.
Petitioner is therefore, entitled to following compensation:
1. Medical expenses : Petitioner has claimed to have spent Rs. 25,000/ but has filed bills for an amount of Rs. 1,038.26/ only. The same being connected with the treatment of the injuries received in the accident in question rounded to Rs. 1,100/ are allowed.
2. Special diet and conveyance : No specific evidence in regard to special diet and conveyance has been led. However, in view of the nature of injuries and the period of treatment which continued for more than one month, taking the total treatment period of 02 months, a lump sum amount of Rs. 6,000/ is allowed under this head.
3. Loss of income : Petitioner has stated that he was working as machine operator and was earning Rs. 22,000/ and has filed copy of form 16. The same is however, unsigned. PW2 however, produced attendance register. As per the said document petitioner was being paid Rs. 19,500/ p.m. and had not attended his work for July, 2012. Accordingly, loss of income of Rs. 19,500/ for 01 Suit no.:457/12 Page 5/7 month is allowed. Total Rs. 19,500/ X 1 = Rs. 19,500/.
4. Pain and suffering : In view of the nature of injuries which required hospitalization and treatment at various hospitals including AIIMS hospital and the fact that petitioner was disoriented for a considerable period of his treatment. Accordingly, a lump sum amount of Rs. 50,000/ is allowed under this head.
Total Rs. 1,100/ + Rs. 6,000/ + Rs. 19,500/ + Rs. 50,000/ = Rs. 76,600/ (Rupees Seventy Six Thousand and Six Hundred Only).
10. LIABILITY: There is no dispute in regard to driving license or violation of terms and conditions of insurance policy. Accordingly, respondent no. 1 & 2 are jointly and severally liable. Respondent no. 3 to indemnify the claim.
11. Issue no. 3 (RELIEF): While granting relief to the petitioner, interest @ 9% p.a., from the date of petition till realization is also allowed on the award.
12. In view of the above, the following award is passed: AWARD : The petition is allowed. Respondent nos. 1 & 2 being the driver and owner are jointly and severally liable to pay the compensation.
However, respondent no. 3 being the insurance company shall pay the compensation of Rs. 76,600/ (Rupees Seventy Six Thousand and Six Hundred Only) within one month along with the interest @ 9% p.a., from the date of petition till realization (excepting for the periods not specifically allowed) to the petitioners. In case of default Suit no.:457/12 Page 6/7 interest @ 12% p.a. will be payable on the award amount from the date of petition.
Compensation amount be deposited with SBI, Tis Hazari alongwith copy of award within one month from today. The entire amount of the petitioner be released on deposit.
13. A compliance report shall be filed by respondent no. 3 about the deposit of the award amount, as per directions alongwith a copy of the notice to the claimant and the counsel for claimant, intimating about the deposit of the cheque by 20/04/2013.
14. Ahlmad is directed to prepare a separate miscellaneous file containing a copy of the petition, memo of parties, copy of award and last proceeding sheet and put the same alongwith the compliance report aforementioned on 20/04/2013. Copy of the award portion be supplied to the parties free of cost. File be consigned to Record Room.
Announced in the open court (DINESH BHATT)
on 20/02/2013 PO, MACT/Delhi
20/02/2013
Suit no.:457/12 Page 7/7