Delhi High Court
New India Assurance Co. Ltd vs Surender Kumar And Ors on 18 February, 2010
Author: J.R. Midha
12
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.469/2009
Date of Decision: 18th February, 2010
%
NEW INDIA ASSURANCE CO. LTD ..... Appellant
Through Mr. Kanwal Choudhary, Adv.
versus
SURENDER KUMAR AND ORS ..... Respondents
Through Mr. O.P. Mannie, Adv. for R-1
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
1. The appellant has challenged the award of the learned
Tribunal whereby compensation of Rs.4,56,000/- has been
awarded to respondent No.1.
2. The accident dated 17th November, 2007 resulted in
grievous injuries to the respondent No.1. The respondent
No.1 was suffered fractures of both bones of left leg for
which interlocking and nailing was done. The permanent
disability of the appellant has been assessed to be 10% in
respect of left lower limb. The appellant was 36 years old at
the time of the accident and running his business in the
name of M/s Shiva Transport. The appellant was earning
Rs.1,38,690/- per annum, which was proved by the Income
Tax Return-Ex.PW1/5. The appellant has to undergo another
surgery for removal of the nails. The appellant is unable to
drive any vehicle after the accident and has also suffered the
loss of income on that account.
3. The learned Tribunal has awarded Rs.5,200/- towards
medical expenses, Rs.15,000/- towards future medical
expenses, Rs.40,000/- towards loss of income, Rs.2,36,000/-
towards loss of earning capacity, Rs.60,000/- towards pain
and sufferings, Rs.75,000/- towards loss of amenities,
Rs.14,100/- towards attendant charges, Rs.5,000/- towards
conveyance charges and Rs.5,000/- towards special diet.
The total compensation awarded is Rs.4,55,300/- rounded of
as Rs.4,56,000/-.
4. The learned counsel for the appellant submits that the
compensation awarded for loss of income and loss of earning
capacity is on a higher side. The learned counsel further
submits that compensation for pain and suffering and loss of
amenities is on a higher side considering the fact that the
appellant has suffered only 10% permanent disability. The
learned counsel further submits that the multiplier be
reduced from 17 to 16 considering the age of the appellant
to be 36 years at the time of accident.
5. Claimant/respondent No.1 is present in Court and his
injuries have been perused. Respondent No.1 was running a
transport business and was himself driving a transport
vehicle prior to the accident. After the accident, respondent
No.1 is not able to drive any vehicle and has suffered loss of
Income. The compensation for loss of income and loss of
earning capacity has been awarded taking the income of
respondent No.1 as per the Income Tax Return-Ex.PW1/5 for
the year 2007-08. However, the multiplier at the age of 36 is
16 whereas the learned Tribunal has applied the multiplier of
17. The multiplier is, therefore, reduced from 17 to 16. The
loss of earning capacity is computed to be Rs.2,21,904/-
(Rs.1,38,690 x 16 x 10%). The loss of earning capacity is
accordingly reduced from Rs.2,36,000/- to Rs.2,21,904/-.
6. The compensation for pain and suffering and loss of
amenities of life is just, fair and reasonable considering the
injuries suffered by respondent No.1.
7. The appeal is partially allowed and the award amount is
reduced from 4,56,000/- to Rs.4,41,204/- (Rs.2,21,904/- +
Rs.5,200 + Rs.15,000 + Rs.40,000/- + Rs.60,000/- +
Rs.75,000/- + Rs.14,100 + Rs.5,000 + Rs.5,000) along with
interest @ 7.5% per annum from the date of filing of the
claim petition till today.
8. The appellant has deposited the entire award amount
along with up to date interest amounting to Rs.4,83,668/-
with UCO Bank, Delhi High Court Branch in terms of order
dated 24th September, 2009. The award amount in terms of
this judgment along with up to date interest comes to
Rs.4,72,391/- (Rs.4,41,204 - Rs.25,000 + Rs.56,187).
9. The UCO Bank is directed to refund a sum of
Rs.14,096/- (Rs.4,55,300 - Rs.4,41,204) to the appellant by
means of cheque which may be delivered to the appellant's
counsel Mr. Kanwal Chaudhary.
10. In respect of remaining amount, the UCO bank is
directed to keep a sum of Rs.4,00,000/- in fixed deposit in
the name of respondent No.1 in the following manner:-
(i) Fixed deposit for Rs.25,000/- for a period of six
months.
(ii) Fixed deposit for Rs.25,000/- for a period of one
year.
(iii) Fixed deposit for Rs.25,000/- for a period of one
and a half years.
(iv) Fixed deposit for Rs.25,000/- for a period of two
years.
(v) Fixed deposit for Rs.25,000/- for a period of two
and a half years.
(vi) Fixed deposit for Rs.25,000/- for a period of three
years.
(vii) Fixed deposit for Rs.25,000/- for a period of three
and a half years.
(viii) Fixed deposit for Rs.25,000/- for a period of four
years.
(ix) Fixed deposit for Rs.25,000/- for a period of four
and a half years.
(x) Fixed deposit for Rs.25,000/- for a period of five
years.
(xi) Fixed deposit for Rs.25,000/- for a period of five
and a half years.
(xii) Fixed deposit for Rs.25,000/- for a period of six
years.
(xiii) Fixed deposit for Rs.25,000/- for a period of six
and a half years.
(xiv) Fixed deposit for Rs.25,000/- for a period of seven
years.
(xv) Fixed deposit for Rs.25,000/- for a period of seven
and a half years.
(xvi) Fixed deposit for Rs.25,000/- for a period of eight
years.
11. The remaining amount be released to respondent No.1
by transferring the same to his Savings Bank Account.
12. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of respondent No.1.
13. Withdrawal from the aforesaid account shall be
permitted to respondent No.1 after due verification and the
Bank shall issue photo Identity Card to respondent No.1 to
facilitate identity.
14. No cheque book be issued to respondent No.1 without
the permission of this Court.
15. The Bank shall issue Fixed Deposit Pass Book instead of
the FDRs to respondent No.1 and the maturity amount of the
FDRs be automatically credited to the Saving Bank Account
of the beneficiary at the end of the FDR.
16. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
17. Half yearly statement of account be filed by the Bank in
this Court.
18. On the request of respondent No.1, the Bank shall
transfer the Savings Account to any other branch of UCO
Bank according to the convenience of respondent No.1.
19. Respondent No.1 shall furnish all the relevant
documents for opening of the Saving Bank Account and Fixed
Deposit Account to Mr. M.M. Tandon, Member-Retail Team,
UCO Bank Zonal, Parliament Street, New Delhi.
20. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
21. Copy of this order be also sent to Mr. M.M. Tandon,
Member-Retail Team, UCO Bank Zonal, Parliament Street,
New Delhi (Mobile No. 09310356400) through the UCO Bank,
High Court Branch under the signature of Court Master.
22. The statutory amount of Rs.25,000/- be refunded by the
registrar to the appellant through counsel within four weeks.
23. Copy of this order be given 'Dasti' to learned counsel
for the parties under signatures of Court Master.
J.R. MIDHA, J
FEBRUARY 18, 2010
HL
