M S MATHUR Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) In an accident which took place between car No. PNA 3666 and bus No. DLP 2544 on 24-2-66 near Mandi House, the claimant was thrown out of the bus and suffered minor injuries to his chin and bis nose was bleeding. He was admitted in the hospital and was under treatment and observation from 24-2-66 to 2-3-66. However, the X'ray and other examination did not show any injury to brain or any other serious injury. The compensation is claimed mainly for the pain and suffering. The Trial Court has awarded a sum of Rs. 3,000.00 towards pain and suffering and Rs. 470.00 for incidental expenses such as diet, nourishment, treatment, etc. It was held that the Insurance Company, viz. Jupiter General Insurance Co., which has now merged with Oriental Insurance Company, was liable to pay the compensation. In the cross objections filed on behalf of the Insurance Company, the liability is denied on merits. It is not open for the Insurance Company to challenge it under Section 96 of the Act. The counsel for the claimants submits that the Insurance Policy was not produced in this case and the liability of the Insurance Company is not limited to Rs. 2.000.00 only, which was the prevalent compensation payable under Section 95 of the Act. The counsel further submits that for pain and suffering the amount awarded by the Tribunal is too low. It is also submitted that the claimant was on leave for 42 days and* sum equal to the pay for that period should have been awarded by the Tribunal. He has further claimed interest which was not granted by the Tribunal.

(2.) Having considered the nature of injuries which arc quite negligible, I do not find that any further amount is necessary to be paid for pain and suffering. So also the incidental amount of Rs. 450.00 awarded by the Tribunal does not require any change. This Court has held that the period of leave spent due to injury should be compensated by the payment of the salary for that period. I, therefore, make an award of Rs. 800.00 for the period for which the claimant was on leave. Out of the amount awarded by the Tribunal, Rs. 2.000.00 has already been paid to the claimant. In view of this I do not find it a case for awarding any interest. The appeal is partly allowed. The cross-objections are dismissed.

(3.) The Oriental Insurance Company would be liable to pay the entire compensation. The Oriental Insurance Company should draw up a cheque for the compensation amount and deposit the same with the Registrar of this Court within two months from today. The Registrar shall disburse the amount after notice to the parties.