IN THE HIGH COURT OF DELHI AT NEW DELHI MACA No.311/2010 Date of Decision: Tulv 23, 2010 JAGBIR Appellant through Mr. S.N.Parashar, Advocate versus SATISH DEV & ORS Respondents through Mr. S.L.Gupta, Advocate for respondent No.3. CORAM: HON BLE MISS JUSTICE REKHA SHARMA 1. Whether the reporters of local papers may be allowed to see the judgment? 2. To be referred to the reporter or not? 3. Whether the judgment should be reported in the 'Digest'? REKHA SHARMA. T. (ORAL) This appeal has been preferred by the National Insurance Company Limited against the award of the Motor Accident Claims Tribunal, dated January 07, 2010 whereby a total compensation of Rs.3,98,000/- along with interest @ 7.5% per annum has been awarded to the appellant which includes pecuniary and non-pecuniary benefits. It is submitted by learned counsel for the appellant that the Claims Tribunal has awarded Rs. 1,25,000/- on account of loss of working capacity/disability, ignoring the fact that the appellant has MACANo.311/2010 Pagelof2 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified suffered permanent disability to the extent of 30-35%. The learned Claims Tribunal has disbeheved this fact for the reason that the appellant failed to furnish any disability certificate from a doctor indicating that he has suffered such disability. In the absence of a disability certificate, I am of the view that the learned Claims Tribunal was justified in not taking into consideration the disability as alleged by the appellant while granting compensation on account of loss of working capacity/disability. However, I do feel that the appellant has not been sufficiently compensated under the heads "conveyance, special diet and loss of amenities of life". He has been awarded Rs.6,000/- towards conveyance which I enhance to Rs.10,000/- and Rs.4,000/- towards special diet which I enhance to Rs.l0,000/-. In addition, I also award him a further sum of Rs.40,000/- towards loss of amenities of life which the Tribunal has wrongly clubbed v^dth pain and suffering. In all, the appellant is awarded an additional sum of Rs.50,000/- over & above what has already been awarded by the Claims Tribunal. The Insurance Company shall pay the additional amount of Rs.50,000/- to the appellant along with interest thereon @ 7.5% per annum from the date of the fihng of the., petition. The appeal is disposed of. JULY 23, 2010 ka REKHA SHARMA, J. MACANo.311/2010 • Page 2 of 2