RELIANCE GENERAL INSURANCE COMPANY LTD vs GAURAV (REPRESENTED BY HIS MOTHER)

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 28th January, 2025 + MAC.APP. 359/2022 & CM APPL. 49196/2022 RELIANCE GENERAL INSURANCE COMPANY LTD .....Appellant Through: Mr. Rajeev M. Roy, Advocate. versus GAURAV (REPRESENTED BY HIS MOTHER) .....Respondent Through: Mr. Ankush Bhardwaj & Mr. Sandeep Kataria, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) 1. The appellant challenges the award dated 02.08.2022 (hereafter ‘the impugned award’), passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Saket Courts, New Delhi in MACT No. 226/2021 pursuant to which total compensation of ₹72,01,875/- was awarded in favour of Respondent No.1. The award has been challenged essentially on two grounds: i) The appellant contends that the compensation awarded under the head ‘Pain and suffering’ is excessive; ii) The appellant contends that the compensation awarded towards ‘Attendant charges’ amounting to ₹21,60,000/-, lacks adequate basis. Signature Not Verified Signed By:HARMINDER KAUR MAC.APP. 359/2022 Page 1 of 5 Signing Date:03.02.2025 18:36:48 2. It is undisputed that Respondent No. 1 suffered grievous injuries on 15.09.2019, at about 7:15 PM, when he was hit by a tempo van while he was travelling by his motorcycle. As a result, he was admitted in Department of Emergency Medicine, JPNA Trauma Centre, New Delhi and as per the medical records, he was diagnosed with post head injury Sequalae MRS-5 – disability 100% to the whole body. Notably, the Appellant company has not disputed the accident and admitted that the offending vehicle was insured with it. 3. At the time of filing the claim petition, Respondent No. 1 was 20 years old and employed as a field worker. Due to his injuries, he was rendered permanently incapaci