PUSHPA DEVI Vs. PURAN SINGH & ORS

JUDGEMENT

(1.) The appellant was the claimant before the motor accident claims tribunal (suit No. 663/2003) instituted on 17.11.2003 seeking compensation for injuries sustained and permanent disability consequently suffered on account of motor vehicular accident that took place on 05.07.2003 at about 5.45 a.m. involving collision between motorcycle bearing registration No. DL 7SAA 3391 (the motorcycle) on the pillion of which she was riding on one hand and truck bearing registration No. HR 55A 2184 (the truck), on the other, the truck concededly insured against third party risk with the third respondent (insurer). The case was set up on the ground that the claimant was moving on the pillion of the motorcycle driven by her brother-in-law, the said vehicle having been struck against by the truck which had come in a rash or negligent manner. The tribunal put the case to inquiry and on the basis of evidence adduced returned finding affirming the case for compensation on account of fault of the truck driver. It awarded compensation in the total sum of Rs. 1,98,328/- in favour of the claimant/appellant directing the insurer to pay the said amount with interest @ 7.5% per annum from the date of filing of the petition. The amount was calculated thus:- <FRM>JUDGEMENT_275_LAWS(DLH)3_2018_1.html</FRM>

(2.) Aggrieved with the quantum of compensation awarded, the present appeal was filed. It was not diligently prosecuted and came to be dismissed in default for want of prosecution by order dated 23.08.2013. The application for restoration was submitted but again filed with delay and upon being returned on objections re-filed even with further delay of 586 days. The appeal was eventually restored by order dated 30.01.2018.

(3.) Having heard the learned counsel for the claimant and also for the insurer, this Court finds the grievance as to under-assessment of compensation to be correct. The claimant was about 32 years old when the accident had occurred. She had suffered degloving injury in the left lower limb besides fracture of the left tibia bone which mercifully re-united. Nonetheless, the loss of muscle has resulted in she being rendered permanently disabled, the physical impairment having been assessed to be 40% as per the disability certificate dated 10.02.2006 issued by board of doctors of Safdarjung Hospital of Govt. of India (page 22 of the paper book).