Nirmala v. Sunder Lal & Ors

a/ (\ ta' tt IN THE HIGH COURT OF DELHI AT NEW DELHI N IRMALA MACA No.602/2010 Date of Decision: September 22, 20L0 .....Appellants through Mr. Nitin Khanna, Advocate VETSUS SUNDER LAL AND ORS. ....'. Respondents through Mr. Pankaj Seth, Advocate CORAM: HON'BLE MISS JUSTICE REKHA SHARMA

¶1Whether the reporters of local papers may be allowed to see the judgment?

¶2To be referred to the reporter or not?

¶3Whether the judgment should be reported in the 'Digest'? REKHA SHARMA, I. (ORAL) tpis appeal .has been preferred against the award of the Motor I nccid$t Claims Tribunal dated July 19, 2010 on the ground that the I appeliant who has suffered permanent disability of 42% in relation to botn lher legs has not been adequately compensated under the I headf-special diet/conveyance, attendant charges, pain and suffering and llott of amenities of life. The appellant has been awarded < 5,0pti/-, < 15,000/-, < 35,000/- and t 45,000/- respectively under these headls. I I I r',,raCn\o.OOZ2OLO Page 1 \\ ) i ) t C Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. ( appellant has intermittently remained admitted in the hospital for a total of nearly 18 months, remained under plaster for I months and is still on wheel chair. Having regard to the fact that the appellant has remained admitted in the hospital from time to time for almost an year and a half and was under plaster for 8 months, I do feel that she has not been awarded just and reasonable compensation under the head - special diet/conveyance and on account of pain and suffering. Hence, compensation under these heads is increased from { 5,000/- to { 20,000/- and < 35,000/- to t TO,OOOI-respectively. I also feel that she has not been adequately compensated for loss of amenities of life. Accordingly, I enhance the compensation under this head from { 45,000/- to { 75,000/-. The lnsurance Company is directed to pay the enhanced amount of { 75,000/- to the appellant along with interest @ 7.5%o per annum from the date of filing of the petition. With this direction, the appeal is disposed of. t\ -.hh.ffi SEPTEMBER 22, 2O1O PC. .r!t- < ,-, MACA No.602/2010 Page 2