HARISH KUMAR MITTAL vs NATIONAL INSURANCE CO LTD & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 07th October, 2024 Pronounced on: 08th January, 2025 + MAC.APP. 94/2020 & CM APPLs. 6976/2020, 6977/2020 HARISH KUMAR MITTAL S/o Late Satish Kumar R/o U-1/26, Budh Vihar Phase-I, Delhi. .....Appellant Through: Mr. Himanshu Jawa, Advocate. versus 1. NATIONAL INSURANCE CO. LTD. 124, Jeevan Bharti Building, Cannaught Place, New Delhi-01 .....Respondent No.1 2. BHOLA RAM S/o Sh. Suva Lal, R/o Village Lulwa, Masuda, Distt Ajmer, Rajasthan .....Respondent No.2 3. MANJU DEVI W/o Sunil Kumar R/o C-39 Aggarsen Bhawan, Ajmer Road M.G. Kishan Garh, Rajasthan .....Respondent No.3 Through: Mr. Arihant Jain, Mr. Mayank Advocate for R1. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J 1. The Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed on behalf of the Appellant/injured Harish Kumar Mittal seeking enhancement of the compensation granted in the sum of Rs.1,20,580/- along Signature Not Verified Digitally Signed MAC.APP.540/2018 Page 1 of 5 By:SAHIL SHARMA Signing Date:08.01.2025 18:30:23 with interest @ 9% per annum on account of injuries suffered by him in a road accident on 15.11.2013, vide Award dated 27.02.2018. 2. The main grounds on which enhancement of compensation is sought are: (i) that Loss of Income and Earning Capacity has not been calculated correctly; (ii) that the compensation granted Non-Pecuniary Heads needs to be enhanced; (iii) that the attendant charges have not been given; and (iv) that compensation for future treatment be also given. 3. Learned counsel on behalf of the Insurance Company, however, has contended that the compensation has been assessed fairly by the Tribunal and merits no interference. 4. Submissions Heard. Record perused. 5. Brie