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2015 DIGILAW 1021 (DEL)

Harsh v. Union of India

2015-04-16

RAJIV SHAKDHER

body2015
ORDER: Rajiv Shakdher, J. On an oral application, Govt. of NCT of Delhi is impleaded as a party. The petitioner will file an amended memo of parties within one week from today. Learned Counsel for respondent No. 1 seeks and is granted further three weeks to file a counter affidavit. Rejoinder, if any, be filed before the next date of hearing. 2. List on 18.5.2015. CM No. 2200/2015 (for interim compensation) 3. This is an application seeking interim compensation to the extent of Rs. 5 lacs on account of injury suffered by petitioner No. 1. Petitioner No. 1, on account of the injury suffered, requires reconstruction of his teeth, and for this purpose it is averred, he is required to visit a dentist/orthodontist. It is averred that, till now (approximately) a sum of Rs. 75,000/- has been incurred on the treatment of petitioner No. 1. 3.1 It is averred that the estimate given by the doctor, treating petitioner No. 1, for current treatment, spanning the next two and a half years, is, (approximately) Rs. 1.10 lacs. Petitioner No. 1, today, is around 11 years. It is, therefore, averred that further treatment would be required till petitioner No. 1 reaches the age of 18 years and, upon reaching that age, he would require further treatment in the form of implantation, crowning, grafting and surgery, which, according to the petitioners, would cost a further sum of Rs. 1.22 lacs (approximately). 3.2 There is also averment to the effect that, because of the injury suffered, petitioner No. 1 has lost his concentration in academics and to help his son, petitioner No. 2, is required to incur additional expenses for tuition, which amount to (approximately) Rs. 2,000/- per month. 3.3 In these circumstances, interim compensation of Rs. 5 lacs is sought. 4. Ms. Arora, who appears for respondent No. 2 says that without prejudice to her client's rights and contentions, as an interim measure, her client is willing to pay a sum of Rs. 75,000/- to the petitioners. 5. Let the said amount be paid to the petitioners within ten days from today. 6. I am of the view that, having regard to the averments made in the application, it would serve the interest of petitioner No. 1 if, he is treated in a Government hospital. Maulana Azad Medical College (MAMC) appears to be appropriate for the treatment that petitioner No. 1 requires. 6. I am of the view that, having regard to the averments made in the application, it would serve the interest of petitioner No. 1 if, he is treated in a Government hospital. Maulana Azad Medical College (MAMC) appears to be appropriate for the treatment that petitioner No. 1 requires. Accordingly, petitioner No. 2 will produce petitioner No. 1, for an appropriate medical examination, before Dr. Mahesh Verma, Director, MAMC, on 9.5.2015, at 11.00 a.m. 6.1 On an examination being conducted, MAMC will file a status report in this Court. The status report will indicate, inter alia, the treatment which petitioner No. 1 would require, and costs, if any, that would have to be incurred on the treatment. 7. List on 18.5.2015. CM No. 4753/2015 (under Section 151, CPC by petitioners) 8. This is an application filed by the petitioners seeking directions for taking on record the photographs showing the existing facial appearance of petitioner No. 1. 9. Learned Counsel for the respondents do not oppose the application. 10. The application is, accordingly, allowed. The accompanying photographs are taken on record. Application stands disposed of. A copy of this order will be dispatched by the Registry to Dr. Mahesh Verma, Director, MAMC. Ordered accordingly.