Delhi District Court
Baby Sunanda vs Sh. Amar Bahadur Yadav on 11 July, 2012
IN THE COURT OF MS. VINEETA GOYAL: PO-MACT (SOUTH-01)
SAKET COURTS, NEW DELHI
INJURY CASE
FIR no. : 250/11
Police Station : Safdarjung Enclave
IN THE MATTER OF :-
1. Baby Sunanda
D/o. Sh. Suresh Prasad,
R/o. 36 DE, Kidwai Nagar,
New Delhi -------------------- Petitioner
Versus
1. Sh. Amar Bahadur Yadav
Late Ram Bharan Yadav
R/o. Village P. Sharfabad
Sect. 73, Noida ( U. P.) ---------- Driver cum owner
2. United India Insurance Co. Ltd.
202, Vardhman Complex,
C-2, Yamuna Vihar Delhi-110053
--------- Insurer
--------------Respondents
Appearance:- Ms. Kanta Choudhary, counsel for petitioner.
Sh. Y. K. Singh, counsel for respondent no.1.
Ms. Shashi Bala Bansal, counsel for respondent no.3.
Date of filing of DAR : 23.11.2011
Date of institution
in the present court : 23.11.2011
Date of arguments : 06.07.2012
Date of order : 11.07.2012
FIR No.250/11 Page No.1/9
AWARD
1. It shall dispose of detailed accident report filed in respect of FIR No.250/11
of PS Safdrajung Enclave registered under Section 279/338 IPC on account of
grievous injuries of Baby Sunanda in an accident which took place on 18.09.2011
at about 10.00 hrs, when the victim was going along with her paternal uncle
(Chacha) from her resident to Netaji Nagar for taking tuition when they reached at
ring road in front of Safdarjung Hospital near Sulabh Complex New Delhi, all of
sudden one car bearing no. HR-51-C4934 being driven by driver in rash and
negligent manner came and hit the victim with great force and due to this, victim fell
down on the road and sustained grievous injuries. She was removed to AIIMS
hospital after the accident.
2. It is pertinent to mention here that at the time filing of Detailed Accident
Report driver cum owner and counsel for insurance company appeared and it was
informed that the statuary report will be treated as claim petition and they can file
the reply to the form 54 and thereafter matter was adjourned for filing legal offer.
During the course of proceedings reasoned response/reply was filed admitting the
validity of insurance policy in respect of the offending vehicle covering the period of
accident and an offer of Rs.40,000/- was given towards full and final settlement of
claim case. The claimants refused to accept legal offer given by insurance
company. Driver cum owner failed to file reply despite opportunity given, counsel
for insurance company states at bar that since the legal offer is on record, the
company do not want to file reply and having regard to the contents of DAR and the
fact that insurance company after satisfying itself about the aspect of negligence of
driver of offending vehicle come up with the legal offer for settlement therefore, for
the purpose of deciding the present case on merits and aspect of negligence was
FIR No.250/11 Page No.2/9
not required to be proved.
3. Since aforesaid legal offer of insurance company was not accepted, from the
available material on record, the following issues were framed on 28.02.2012:-
Issues:
1. To what amount of compensation, is the claimant entitled, due to
grievous injuries suffered owning to negligent driving of vehicle bearing
registration no.HR-51C-4934 being driven and owned by Amar Bahadur
Yadav and insured with United India Assurance Company Ltd. ? OPP
2. Relief.
4. In support of her case, petitioner examined her father Sh. Suresh Prasad as
PW1, who proved his affidavit by way of evidence as Ex.PW1/A and stated that his
daughter/injured/ minor child sustained grievous injuries in an accident occurred on
18.09.2011 due to rash and negligent driving of Amar Bahadur Yadav driver of
offending vehicle.
5. No evidence was led in defence by driver cum owner and insurance
company.
6. I have heard the arguments advanced by the counsel for parties and gone
through the case file and my findings on the issues are as under:-
Issue No. 1
7. This present suit is outcome of accident which occurred on 18.09.2011 at
about 10.00 hrs. within jurisdiction of Safdarjung Enclave. Investigating Officer has
placed on record an FIR along with other relevant documents including identity
cards of claimant, affidavit, report u/s 173 Cr. P. C. , site plan, MLC and X-ray
FIR No.250/11 Page No.3/9
report, motor inspection report, verified insurance policy, driving licence of accused,
driving licence verification report, RC of offending vehicle, RC verification report,
arrest memo etc.
8. The medical record of the petitioner suggests that the petitioner Baby
Sunanda after accident was removed to AIIMS Hospital and her MLC No.276531
was prepared. Thereafter she was shifted to Neurosurgery Department of
Safdarjung Hospital on same day. The petitioner has placed on record discharge
summary as Ex.PW1/4 which bears following notations:-
Diagnosis :
Head injury with (L) temporal Lobe hemorrhagic contusion with perilesional
edema.
9. The discharge summary further reveals that during admission of petitioner in
hospital, the victim was managed conservatively with antibiotics, anti epilepics/ anti
emetics dehydration agents and IVF and discharged on 23.09.2011. There is also
evidence on record of petitioner being a follow up patient with the same hospital till
December 2011.
10. It is settled law that a particular amount can not be fixed on pain and
sufferings for all cases as is varies from case to case. Judicial notice can be taken
on the fact that since the petitioner had sustained grievous injuries as aforesaid,
she might have suffered acute pain and sufferings owing to the said injuries. She
had also consumed heavy dose of anti-biotic, pain killers etc. and also remained
without movements of her body for a considerable period of time as evident from
discharge summary. Keeping in view the peculiar fact and circumstances of this
case and age of petitioner who was at the tender age of 15 years at the time of
FIR No.250/11 Page No.4/9
accident, she is hereby awarded Rs.50,000/- towards pain and sufferings and loss
of amenities of life. Besides this, I hereby award a sum of Rs.20,000/- towards
special diet and conveyance.
11. The petitioner was a student of 11th standard, the claim of petitioner is that
she has suffered loss of studies on account of accident and further the capacity to
carry out normal movement in life. The petitioner has not placed on record any
prescription slip issued by doctor revealing that petitioner has suffered any
permanent/temporary disability however, in view of nature of injuries and treatment
given, the petitioner is awarded Rs.10,000/- towards notional loss of studies.
12. The total compensation is assessed as under:-
Treatment expenses: Rs. Nil
Pain and sufferings: Rs. 50,000.00
Special diet and Conveyance Rs. 20,000.00
Loss of Studies : Rs. 10,000.00
---------------------------
Total: Rs. 80,000.00
---------------------------
Relief:
13. Petitioner is awarded to Rs.80,000/- accordingly award is passed directing the insurance company to pay to the claimant the same and directed to directly deposit the cheque before the Tribunal within 30 days from today and in case of default, penal interest @ 12 % per annum shall be given from the date of delay till the deposit of award amount.
LIABILITY:
14. In this case, R1 is the driver cum owner. Petitioner had sustained injuries on account of negligent driving of R1. R2 is insurer of R1, therefore, R2 is liable to FIR No.250/11 Page No.5/9 indemnify R1 regarding compensation to be payable to the petitioner.
15. Respondent no.2/insurance company is directed to directly deposit the cheques with SBI, Saket Court branch within 30 days from today and in case of default, penal interest @ 12 % per annum shall be given from the date of filing of delay till deposit of the awarded amount on the account of petitioner.
16. The entire share of the minor petitioner shall be kept in FDR with some nationalised bank for the period till he attains the age of majority. No loan or interest shall be allowed against the said fixed deposit.
17. The original fixed deposit account book shall be retained by the Bank in the safe custody. However, the original pass book shall be given to claimants along with the photocopy of the FD account book/receipt.
18. On maturity, the FDR amount shall be directly credited in the saving bank account of the petitioner.
19. Half yearly statement of account be filed by the Bank in this court.
20. On the request of claimant the Bank shall transfer the Saving Account to any other branch of SBI, Saket Court according to her convenience.
21. Claimant shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account in bank.
22. Let for the identification of the petitioner, the first copy of the petition wherein FIR No.250/11 Page No.6/9 photograph of the petitioner is affixed, be annexed with the award.
23. Award is passed accordingly.
24. File be consigned to record room only after compliance by insurance company by depositing the award in the manner as stated above. Be awaited for compliance for 11.09.2012.
Pronounced in the open court on 11.07.2012 VINEETA GOYAL PO : MACT (SOUTH-01) 11.07.2012 FIR No.250/11 Page No.7/9