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FACTUAL POSITION & PLEADINGS

1. Vide this judgment/award, this Tribunal shall decide petition/application/DAR filed for compensation on account of the injuries sustained by injured Piyush Jain in a road vehicular accident which took place on 20.02.2023 at about 12:45 pm at Near T-Point of Street No.01, Dr. Major Ashwani Karnav Marg, A-1 Block, Paschim Vihar, New Delhi.

CASE OF THE PETITIONER SIDE

2. Succinctly, the case put forth vide petition/application/DAR is that on 20.02.2023, Piyush Jain Vs. Rizwan Saifi & Ors. MACT No.444/2023 Page No.3 of 26 HARVINDER HARVINDER SINGH SINGH Date: 2024.05.21 17:11:37 +0530 petitioner/claimant was going from Preet Vihar to Chander Vihar, Nilothi, New Delhi on his scooty bearing registration number HR-20AF-4858. At about 01:10 pm, when he reached at Near T- Point of Street No.01, Dr. Major Ashwani Karnav Marg, A-1 Block, Paschim Vihar, New Delhi, then suddenly one car bearing registration number DL-9CAZ-4901 came from opposite side in very fast speed, took right turn in rash and negligent manner without giving any signal and hit his scooty with great force. He received injuries upon his right leg in the incident. Incident took place due to negligence of driver/respondent no.01 of the offending vehicle/car. He was taken to Sri Balaji Action Medical Institute Hospital, Paschim Vihar, New Delhi by the respondent no.01/driver of offending car. The petitioner/injured was examined vide MLC No.10421 dated 20.02.2023. He has incurred expenses of Rs.2,00,000/- on his medical treatment, Rs.15,000/- to Rs.25,000/- upon conveyance, Rs.20,000/- to Rs.25,000/- upon his diet and Rs.25,000/- upon repair of scooty. He was doing private job with Tata Consultancy Service at Sector

5.2 Thereafter, matter was fixed for evidence of petitioner side.

PETITIONER SIDE EVIDENCE 6.1 The petitioner/claimant/injured Piyush Jain examined himself as PW1 to establish his claim. He tendered his evidence by way of affidavit Ex.PW1/A reiterating and supporting the contents of his application/petition. He relied upon the documents i.e. (i) photocopies of his medical treatment records/discharge slip Ex.PW1/1, (ii) photocopies of his medical bills Ex.PW1/2, (iii) copy of his salary certificate Ex.PW1/3, Piyush Jain Vs. Rizwan Saifi & Ors. MACT No.444/2023 Page No.5 of 26 HARVINDER HARVINDER SINGH SINGH Date: 2024.05.21 17:11:56 +0530

10.3 In view of the above law laid down by Hon'ble Supreme Court of India, in routine injury cases, award needs to be passed only under heads of medical expenses, loss of earning during treatment period and damages for pain, suffering and trauma. In cases of serious injuries, where there is specific medical evidence corroborating the claim/evidence of the claimant, award additionally needs to be passed under the heads of loss of future earnings on account of permanent disability suffered, future medical expenses, loss of amenities (including loss of prospects of marriage) and loss of expectation of life. The assessment of future medical expenses would depend upon specific medical evidence/advise for further treatment and costs thereof. The determination of damages on account of pain and Piyush Jain Vs. Rizwan Saifi & Ors. MACT No.444/2023 Page No.14 of 26 HARVINDER HARVINDER SINGH SINGH Date: 2024.05.21 17:13:22 +0530 suffering, loss of amenities and loss of expectation of life would depend upon the age of victim, nature of injury(ies)/deprivation/disability suffered by victim and the effect thereof on life of claimant. The process would involve determination/assessment of lump-sum amounts under those heads. In case of assessment of loss of future earnings on account of permanent disability, the Tribunal needs to first ascertain whether the disability noted/assessed by the medical board is temporary or permanent in nature. If the disability is permanent in nature, then whether it is a total permanent disablement or partial permanent disablement. If the disablement has been referred/expressed in percentage terms, in reference to any specific limb then the effect of such disablement of the limb on the function of entire body. Once, the permanent disability is ascertained, then the Tribunal needs to determine whether such permanent disability has affected or will affect the earning capacity of the claimant. To ascertain same, the Tribunal needs to ascertain the avocation, profession and nature of work of the claimant before the incident. The Tribunal also needs to ascertain his age and then needs to ascertain what activities the claimant could carry on in spite of permanent disability and what he could not do as result of same. The Tribunal then also needs to ascertain whether the claimant is totality disabled from earning any kind of livelihood or whether in spite of the permanent disability, the claimant could still effectively carry on activities and functions which he was carrying on earlier or whether the claimant is prevented or restricted from discharging his previous activities and functions, but could carry on some other or lesser scale of activities and functions to earn or can continue to earn Piyush Jain Vs. Rizwan Saifi & Ors. MACT No.444/2023 Page No.15 of 26 HARVINDER HARVINDER SINGH SINGH Date: 2024.05.21 17:13:29 +0530 his livelihood despite permanent disability suffered. After ascertaining the functional disability vide above process, then Tribunal needs to workout the loss of earning capacity per month. The Tribunal is thereafter required to workout loss of earning capacity per annum. An appropriate multiplier needs to be ascertained as per judgment of Hon'ble Supreme Court of India in matter of "Sarla Verma Vs. DTC" 2009 ACJ 1298 SC according to age of the injured/victim. The total loss of earning capacity then needs to be worked out multiplying appropriate multiplier ascertained with ascertained annual loss of earning capacity. This is a case where no permanent disability is claimed, hence, this Tribunal now proceeds further step by step to decide the compensation/award under different heads applicable to the present matter in light of above preposition. DETERMINATION OF INJURIES AND DURATION OF TREATMENT 10.4 It would be appropriate to first ascertain the nature of injuries suffered by the injured/claimant and duration of treatment as they need to be kept in mind while ascertaining the compensation under different heads applicable. The petitioner side has filed on record medical documents/MLC as part of Ex.PW1/1 (collectively) to prove the nature of injuries. As per said document(s), the injured has suffered grievous injuries. He was examined in Sri Balaji Action Medical Institute Hospital, Paschim Vihar, New Delhi vide MLC No.10421 dated 20.02.2023 and was under regular treatment for long time. DETERMINATION OF MEDICAL EXPENSES 10.5 The claimant/injured has filed copies of his medical bills/treatment records as Ex.PW1/2 (collectively). The total Piyush Jain Vs. Rizwan Saifi & Ors. MACT No.444/2023 Page No.16 of 26 HARVINDER HARVINDER SINGH SINGH Date: 2024.05.21 17:13:37 +0530 amount of bills/invoices/receipts submitted by petitioner/injured and paid by him are of Rs.47,331/- only. Hence, the petitioner has been able to prove that he is entitled for a sum of Rs.47,331/- on account of medical bills/expenses. Accordingly, the petitioner is awarded Rs.47,331/- on account of medical expenses.

13. Disability resulting in loss of earning capacity :-

   (i)     Percentage of disability                 NIL
           assessed and nature of
           disability as permanent
           or temporary
   (ii)    Loss of amenities or                     NIL
           loss of expectation of
           life span on account of
           disability
  (iii)    Percentage of loss of                    NIL
           earning capacity in
           relation to disability
  (iv)     Loss of future income -                  NIL
           (Income x% Earning
           Capacity x Multiplier)
   14.     TOTAL                                Rs.2,00,292/-
           COMPENSATION
   15.     INTEREST AWARDED                   7% per annum
   16.     Interest amount up to               Rs.12,423/-
           the date of award               (w.e.f. 01.07.2023 to
                                        20.05.2024 i.e. 10 months
                                               and 19 days)
   17.     Total amount including             Rs.2,12,715/-
           interest                          (Rs.2,00,292/- +
                                               Rs.12,423/-)
   18.     Award amount released         Entire amount including
                                             interest released
   19.     Award amount kept in                     NIL
           FDRs
   20.     Mode of disbursement          Mentioned in the award
           of the award amount to
           the claimant (s).


Piyush Jain Vs. Rizwan Saifi & Ors.      MACT No.444/2023         Page No.25 of 26

                                      HARVINDER HARVINDER SINGH
                                      SINGH     Date: 2024.05.21
                                                17:14:57 +0530
    21.     Next      date             for           05.07.2024
           compliance     of          the
           award.


                                              HARVINDER    SINGH
                                              SINGH        Date: 2024.05.21
                                                           17:15:07 +0530

                                             (HARVINDER SINGH)
                                              DJ-cum-PO:MACT-01,
                                            West/THC/Delhi/20.05.2024




Piyush Jain Vs. Rizwan Saifi & Ors.     MACT No.444/2023   Page No.26 of 26