Case Title: JAGJOT SINGH VS. OM PRAKASH & ANR
Case No.: MAC. APP. 277/2019 & CM APPL. 53916/2019
Dated on: May 07, 2024
Quorum: HON’BLE JUSTICE MR. DHARMESH SHARMA
Facts of the Case:
The appellant, Jagjot Singh, was involved in a road accident on October 15, 2012, near the Azadpur flyover underpass in Delhi. He was hit by a Bajaj Auto delivery van driven by Om Prakash in a rash and negligent manner, due to which Jagjot Singh suffered multiple grievous injuries, resulting in a 100% Permanent Locomotor Disability and rendering him in a vegetative state since the accident. As a result, legal proceedings were supervened, and Jagjot Singh filed a claim petition seeking compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal ruled in favor of Jagjot Singh, awarding compensation totaling Rs. 66,00,000/- with interest. Thereafter, Jagjot Singh appealed against the Tribunal’s decision, arguing that the awarded compensation was insufficient, particularly considering his disability. However, the HC acknowledged the severity of Jagjot Singh’s injuries and ordered an enhancement of the compensation amount, especially for pain and suffering, loss of amenities, and loss of marriage prospects.
Issues framed by the Court:
- Whether the accident occurred due to the rash and negligent driving of the respondent, resulting in injuries to the appellant?
- If the appellant is entitled to compensation, what amount and from whom?
- Relief sought by the appellant.
Legal Provisions:
Section 173 of the Motor Vehicles Act, 1988: Deals with the duty of the driver in case of an accident and states that the driver of a motor vehicle involved in an accident resulting in death or bodily injury to any person or damage to property shall, if required by any police officer in uniform, give his name and address and the name and address of the owner of the vehicle, and also the registration mark of the vehicle.
Section 168 of M.V. Act: Pertains to the requirement of obtaining a driving license.
Contentions of the Appellant:
The appellant in this case primarily contends that the compensation awarded is insufficient, especially considering the appellant’s 100% Permanent Locomotor Disability. They argue that the correct multiplier wasn’t applied for future medical expenses, and the compensation for attendant charges was inadequate. Additionally, they claim that the tribunal didn’t consider the revision in minimum wages and didn’t provide compensation for loss of matrimonial life/marriage prospects or for the disability/disfigurement resulting from the accident. They also seek compensation for automatic wheelchair and its maintenance, and for ongoing medical expenses throughout life.
Contentions of the Respondent:
The respondent, represented by Ms. Suman Bagga, Advocate, denied the allegations of negligence and fault on their part. They asserted that the accident resulted from the negligence of the appellant and not their own. The respondent claimed that the offending vehicle was insured with United India Insurance Co. Ltd. at the time of the accident, covering third-party risks. Further, the respondent contested the appellant’s claim for higher compensation, arguing against the appellant’s assertions regarding the insufficiency of the awarded compensation and the arrangement for future medical expenses.
Court’s Analysis and Judgement:
The High Court analyzed the evidence and submissions made by both parties. It observed that the Tribunal’s compensation was insufficient, particularly considering the appellant’s 100% Permanent Locomotor Disability. The court revised the compensation, considering various factors such as future medical expenses, loss of earning capacity, pain and suffering, attendant charges, and special diet expenses. After a detailed analysis, the court enhanced the compensation to Rs. 66,00,000 and awarded interest at 9% per annum from the date of filing the claim petition.
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Judgement Reviewed by- Shramana Sengupta
