The New India Assurance Company ... vs Raman Kapur And Anr.
1987 Latest Caselaw 8 Del

Citation : 1987 Latest Caselaw 8 Del
Judgement Date : 5 January, 1987

Delhi High Court

The New India Assurance Company ... vs Raman Kapur And Anr. on 5 January, 1987

Equivalent citations: I (1987) ACC 377

Author: S Wad

Bench: S Wad

JUDGMENT

S.B. Wad, J.

1. F.A.O. 195/80 is filed by the Insurance Company, mainly challenging the grant of cost and interest by the Tribunal. The accident took place on 20-3-72. By an amendment Section 110-CC was introduced in the Motor Vehicles Act, whereby the Court can award simple interest from the date of the application. There is no substance in the submission of the Insurance Company. The Tribunal was right in awarding the interest.

2. Costs follow the claim. Therefore, there is no illegality in awarding costs also.

3. There are some other submissions made on merits which the Insurance Company is not entitled to make under law. F.A.O. 195/80 stands dismissed.

4. C.M. 4083/82 is a cross-appeal for the enhancement of compensation. The Tribunal had awarded Rs. 47,000/- Along with interest @ 6 per cent on the said amount. The counsel submits that the amount of Rs. 25,000/- for the disability suffered by the claimant h inadequate considering the fact that the right arm of the claimant is paralysed and his career as a future engineer has been affected. The claimant was studying to the 1st year B.Sc. at the time of the accident in 1972. He changed his career thereafter and passed his B.A. (Honours) in Economics. It cannot be said with any uncertainty that the claimant would have definitely become an Engineer and would have pursued his career as such. I do not think that the compensation of Rs. 25,000/- is inadequate. No bills were produced as regards the medical expenses. Admittedly he was taking treatment in the government hospital, which treatment is free. There is no ground to enhance the compensation on that account also. The award of Rs. 47,000/- with interest @ 6 per cent is fair under the circumstances and does not need any change. The cross-objections, C.M. 4083/82, are dismissed.

5. The stay order in regard to the interest shall stand vacated. The Insurance Company shall pay the interest within two months from today.