2013 (3) ADR (NOC) 107 (DEL.) ::2013 (3) ADR 107 ::(2013) 1 ACC 553 ::2013 AAC 1874 (DEL)

Delhi High Court

Hon'ble Judge(s): G. P. Mittal , J

(A) Motor Vehicles Act (59 of 1988) S. 168 — Compensation — Enhancement of — Injured was housewife — She had suffered fracture of nasal bone and left shift humerus — Taking into consideration injuries suffered, period of hospitalization and period taken in recovery from injury, compensation awarded towards pain and suffering was on lower side — Same enhanced from Rs 10,000/- to Rs 30,000/- and towards special diet and conveyance raised from Rs 5,000/- to Rs 10,000/- — Total compensation enhanced by Rs 25,000/- from Rs 71,329/- to Rs 96,329/- (Para 4,5)

(B) Motor Vehicles Act (59 of 1988) S. 168 — Compensation — Enhancement of — Deceased, working as driver, was earning Rs 3,500/- per month — He suffered fracture of nasal bone, fracture of mandible mandilla and compound depressed fracture — Taking into account nature of injuries suffered by him, injured needed services of attendant — Even if gratuitous services were rendered by family members, injured could not be deprived of same for offence committed by tortfeasor — Thus, sum of Rs 12000/- awarded for engaging attendant for period of six months — Keeping in view nature of injuries, period of hospitalization, successive surgeries and period of recovery, compensation of Rs 10,000/- awarded towards pain and suffering enhanced to Rs 40,000/- — Compensation enhanced by Rs 23,000/- from Rs 1,11,000/- to Rs 1,84,000/- (Para 8,11,12,14)

(C) Motor Vehicles Act (59 of 1988) S. 168 — Compensation — Enhancement of — Deceased looking after household work and also doing stitching work of Rs 100/- to Rs 150/- per day — No evidence with regard to deceased— s qualification — So, legal heirs had to be awarded compensation on basis of minimum wages of non-matriculate which at time of accident was Rs 2,541/- — There would be an addition of 25% as deceased was aged 38 years and appropriate multiplier would be 16 — Loss suffered by claimants on account of deprivation of gratuitous services rendered by deceased would be Rs 6,09,840/- — In addition, claimants would be entitled to sum of Rs 15,000/- each towards loss of consortium and funeral expenses — Overall compensation thus comes to Rs 6,34,840/- — Compensation thus enhanced by Rs 3,74,840/- (Para 17,18,19)

(D) Motor Vehicles Act (59 of 1988) S. 168 — Compensation — Enhancement of — Deceased working as Library Attendant in Supreme Court and getting gross salary of Rs 9,023/- per month — Taking gross salary of deceased into consideration to award loss of dependency applying multiplier of 14 and deducting 1/5th towards personal and living expenses as number of dependants were eight and deducting amount getting a transport and washing allowance, total loss of dependency would be Rs 15,89,577/- — Adding amount for loss of affection, loss of consortium, etc overall compensation would be Rs 16,19,577/- — Compensation thus enhanced by Rs 9,14,101/- (Para 21,24)

(E) Motor Vehicles Act (59 of 1988) S. 168 — Compensation — Enhancement of — Claimant working as Safai Karamchari with Delhi Legal Services Authority — He had suffered permanent disability and fracture in right hand, fracture of index and middle finger — There was deformity of two fingers of right hand because of which he could not clinch his fist — Claimant having undergone prolonged treatment, loss of income awarded for four months — Compensation awarded towards special diet, conveyance and pain and suffering, enhanced — Overall compensation enhanced from Rs 15,000/- to Rs 70,000/- (Para 29,30)

(F) Motor Vehicles Act (59 of 1988) S. 168 — Compensation — Enhancement of — Claimant, boy five years old, had suffered fracture of right hip bone, fracutre in upper right end shaft femur, head injury and multiple abrasions on various parts of his body — Claimant having been operated upon for fracture and having remained in plaster for two-three months, compensation of Rs 10,000/- towards pain and suffering being on lower side, enhanced to Rs 25,000/- — Overall compensation thus enhanced by Rs 15,000/- (Para 34,36,37)

(G) Motor Vehicles Act (59 of 1988) S. 168 — Compensation — Enhancement of — Deceased employed as Safai Karamchari in Delhi Race Course Club was earning sum of Rs 3,500/- per month — Deceased— s age proved as 42 years and was survived by widow and son — Deduction towards personal and living expenses therefore would be 1/3rd — Claimants entitled to addition of 30% towards inflation — Overall compensation enhanced by Rs 1,41,000/- AIR 2012 SC 2185, Relied on (Para 40,41,42)

(H) Motor Vehicles Act (59 of 1988) S. 168 — Compensation — Enhancement of — Deceased, working as Peon in Air Force Station — As per salary certificate he was getting gross salary of Rs 5045/- including transport allowance of Rs 100/- — Deceased survived by his wife, two minor sons and minor daughter — Deduction towards personal and living expenses would be آ¼th as against 1/3rd taken by Tribunal — Deceased, aged 32, appropriate multiplier would be 17 — Deceased being in settled Government service and being less than 40 years, there would be augmentation of 50% towards future prospects — Overall compensation enhanced by Rs 7,22,877/- (Para 46,48)