Yardsticks Of Compensation Must Provide Realistic Recompense For Pain Of Loss And Trauma Of Suffering: Reiterates Delhi HC

While denying reduction of the compensation amount awarded by the Tribunal to the first Respondent in view of the partial permanent disability and injuries sustained by him, the Delhi High Court refused to interfere with the award granted by the Motor Accident Claims Tribunal (MACT).

Referring to the judgment passed by the Apex Court in case of K. Suresh vs. New India Assurance Co. Ltd. [(2012) 12 SCC 274] as well as Jagdish vs. Mohan [AIR 2018 SC 1347], a Single Judge Bench of Justice Rajnish Bhatnagar reiterated that yardsticks of compensation should not be so abysmal as to lead one to question whether our law values human life, and if it does, it must provide a realistic recompense for the pain of loss and the trauma of suffering.

Advocate Rakhi Dubey appeared for the Petitioner, whereas Advocate Pooja Goel appeared for the Respondent.

In a brief background of the case, in the year 2014, Rajdeep Harrison (first Respondent) was riding his motorcycle with Uma Chopra sitting as a pillion rider. When they reached Vikas Marg towards Geeta Colony Turn, a vehicle i.e., EECO ambulance car (offending vehicle) being driven by Sabir Ahmed, at a very high speed hit the motorcycle. Due to the impact, the motorcyclist and the pillion rider fell, resulting in grievous injuries to them. Rajdeep Harrison was taken to JPN Trauma Centre and was treated there for multiple rib fractures, fracture of both upper limb bones and abrasion injuries. Accordingly, a case was registered under Sections 279/338/304-A IPC. Later, the MACT directed the Appellant (Insurance company) to pay Rs. 13,66,200/- to the Respondent. Hence, present appeal.

After considering the submission and perusing the award by the Tribunal, the Bench noted that due to the injuries sustained, the first Respondent’s working capacity was affected on account of weakness of left upper limb and both lower limbs.

“Perusal of the testimony of PW-7, Ms. Sunita Narang further shows that on account of injuries sustained by the respondent No.1, he had to take leaves from 31.01.2014 till 31.03.2014. He again took 60 days leave from 01.04.2014 till 30.05.2014. The record Ex.PW7/2, reveals that the respondent No.1, took further medical leaves from 31.05.2014 to 29.06.2014 and finally re-joined his office on 30.06.2014”, added the Bench.

The Bench observed that because of the injuries sustained by him in the accident, the Respondent had to take five months leave for undergoing treatment, which is clearly proved by the Disability Certificate given by the Orthopedic of Hedgewar Hospital mentioning 41% permanent disability.

Thus, finding that the Tribunal after considering the overall facts and circumstances, assessed the functional disability to be 15%, the High Court dismissed the appeal.

Cause Title: National Insurance Company Ltd v. Rajdeep Harrison and Ors. [Neutral Citation No. 2023: DHC: 3915]

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