U P State Road Transport Corporation v. Rajni & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 312/2018 and C.M. Appl. 11620/2018 U P STATE ROAD TRANSPORT CORPORATION..... Appellant Through:

Mr. Shadab Khan, Advocate versus RAJNI & ANR ..... Respondents Through:

Mr. S.N. Parashar, Advocate for respondent No.1

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 03.05.2018 1.

The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.8,39,000/- has been awarded to respondent No.1.

2.

Respondent No.1 suffered fracture below shaft femur with fracture neck femur right with open Grad-I, fracture both bone leg (R) with open Grad-III B, fracture both leg (L) and other multiple injuries in the accident dated 22nd January, 2014 which resulted in 37% permanent disability relating to bilateral lower limbs. The Claims Tribunal took the functional disability as 20% and awarded compensation of Rs.4,34,720/- towards loss of earning capacity, Rs.96,873/- towards medical expenses, Rs.75,000/- towards pain and suffering, Rs.60,000/- towards attendant charge, Rs.97,032/- towards loss of income during treatment, Rs.25,000/- towards special diet and Rs.50,000/- for non-pecuniary compensation. The total compensation awarded is Rs.8,39,000/-.

3.

Learned counsel for the appellant urged at the time of hearing that the

compensation awarded to the respondent No.1 is on a higher side and warrants reduction.

4.

Respondent No.1 is present in Court and her condition has been seen. This Court is satisfied that the compensation awarded by the Claims Tribunal is just fair and reasonable and does not warrant any interference. 5.

The appeal is, therefore, dismissed.

6.

Pending application is disposed of.

J.R. MIDHA, J.

MAY 03, 2018 rsk