RINKU @ GAJENDRA vs SHYAMBIR PATHAK & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 25th October, 2024 Pronounced on: 13th January, 2025 + MAC.APP. 52/2022 RINKU @ GAJENDRA S/o Sh. Vikram Singh Dagar R/o Alawalpur, Palwal-121102. .....Appellant Through: Mr. Varun Sarin & Ms. Parul Dutta, Advocates. versus 1. SHYAMBIR PATHAK S/o Sh. Daya Chand R/o Vill. Lalpura, Teh. Palwal, Dist. Faridaba-121102 .....Respondent No. 1 2. NARESH KUMAR S/o Sh. Khillu Ram R/o Vill. Lalpura, Teh. Palwal, Dist. Faridabad-121102 (Haryana) ….Respondent No. 2 3. HDFC ERGO GEN. INS. CO. LTD. Ground Floor, Eros Corporate Tower, Opp. Nehru Place Metro Station, Nehru Place, New Delhi-110019. …..Respondent No. 3 Through: Ms. Niyati, Advocate for Insurance Company through VC. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. Signature Not Verified DigitallySigned By:SAHIL MAC.APP. 52/2022 Page 1 of 9 SHARMA Signing Date:13.01.2025 17:25:48 1. An Appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed against the Impugned Award dated 12.06.2020 by the Appellant/Injured seeking enhancement of compensation in the sum of Rs. 3,41,664/- along with interest @ 9% per annum, awarded on account of injuries suffered by him in the road accident on 11.02.2018. 2. The enhancement of the compensation is sought on the following grounds: (i) 50% deduction has been made towards contributory negligence of the Claimant by observing that it was a head on collision, without considering that he was merely a pillion rider; (ii) The Income of the injured has been incorrectly calculated on the basis of Minimum Wages for unskilled worker in Haryana without considering that the Appellant was working as a Salesman earning a salary of Rs. 25000/- p.m.; (iii) The Loss of Earnings during treatment has bee