Delhi High Court
P P Rao vs New India Assurance Co. Ltd & Ors on 13 January, 2010
Author: J.R. Midha
8
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.468/2009
Date of Decision: 13th January, 2010
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P P RAO ..... Appellant
Through : Mr. P.R. Thakur,
Mr. K.K. Pahuja and
Mr. G. Shukla, Advs.
versus
NEW INDIA ASSURANCE CO. LTD & ORS ...Respondents
Through : Mr. Abhishek Kumar, Adv.
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 appellants have challenged the award of the
learned Tribunal whereby compensation of Rs.1,70,850/- has
been awarded to the appellants. The appellants seek the
enhancement of the award amount.
2. The accident dated 8th November, 2006 resulted in
injuries to the appellant. The appellant was crossing the
road in between two speed breakers near Gate No.2, Sector
15-A, Noida (UP) while going for a morning walk when he was
hit by Tata Indica Car bearing No.DL-1Y-9173 being driven
rashly and negligently by respondent No.2. The appellant fell
down as a result of the accident and suffered injuries on his
right hand. The appellant was admitted in Kailash Hospital
and Research Centre at Noida where he remained admitted
for one day.
3. The appellant suffered deep laceration in web space of
index and middle finger (L). #dislocation of index and middle
finger. The surgery was performed on the appellant and his
right hand remained under plaster from 8th November, 2006
to 9th December, 2006. Due to the injuries suffered, the
appellant could not appear in the Court up to 19 th November,
2006.
4. The learned Tribunal has awarded Rs.55,850/- towards
cost of medicines and treatment, Rs.50,000/- towards pain
and suffering, Rs.40,000/- towards special diet and
Rs.25,000/- towards conveyance. The total compensation
awarded is Rs.1,70,850/-.
5. The only ground urged by learned counsel for the
appellant at the time of hearing of this appeal is that the
appellant suffered loss of income due to the injuries suffered
in the accident and no compensation has been awarded by
the learned Tribunal for loss of income. The learned counsel
further submits that the appellant could not appear in the
Hon'ble Supreme Court from 8th November, 2006 to 19th
November, 2006 and is entitled to loss of income on account
of non-appearance for the said period. The learned counsel
further submits that from 20th November, 2006 to 9th
December, 2006, the appellant occasionally appeared in the
Court and is also entitled to partial loss of income during the
period as well.
6. The appellant appeared in the witness box as PW-1
before the learned Tribunal and proved the Income Tax
Returns for the years 2003-04, 2004-05, 2005-06 and 2006-
07 as Ex.PW1/20 to Ex.PW1/23. The appellant stated in the
witness box that he suffered loss of professional income from
8th November, 2006 to 19th November, 2006 completely. In
the Income Tax Return for the relevant year, the gross
income of the appellant from all sources was
Rs.3,75,20,374/- and after deducting income of
Rs.21,95,357/- from property and Rs.50,77,852/- from
interest, the net income from profession was
Rs.3,02,47,165/-. The appellant was able to give opinions
and also attend conferences in office and the income during
the relevant year from opinions, conferences, settlements
and chamber advice was Rs.69,85,817/- and after deducting
same from the professional income, the net income of the
appellant from appearances in the Court during 2006 - 2007
was Rs.2,32,61,348/-. The average income of the appellant
from his appearances in the Court per working day during
2006 - 2007 (176 working days) was Rs.1,32,167/-.
7. From 8th November, 2006 to 19th November, 2006,
there were eight working days and the loss of income at the
rate of Rs.1,32,167/- per day was Rs.10,57,336/-. The
expenses of the appellant during the years 2006-2007 had
been Rs.17,27,725/- out of gross professional income of
Rs.3,19,74,890/- which is 5.4% of the gross professional
receipts. After deducting 5.4% towards expenses, the loss of
the appellant is computed to be Rs.10,00,240/-, rounded off
as Rs.10,00,000/-. The Income Tax at the rate of 30% is to
be deducted from the said amount and the net loss of the
appellant during the period from 8th November, 2006 to 19th
November, 2006 is computed to be Rs.7,00,000/-. The
detailed calculation is as under:-
1. Gross income from all sources Rs.3,75,20,374.00
(Net income from all sources)
Less
I. Income from Rs.21,95,357.00
property
II. Interest Income Rs.50,77,852.00 Rs.72,73,209.00
__________________
Net Income from profession
Rs.3,02,47,165.00
____________________________________________________
Less Income from opinions, conferences, Rs.69,85,817.00
settlements and chamber advice
__________________
Net income from appearances in the
Rs.2,32,61,348.00
Court during 176 working days in 2006- _____________________________________________________
Average income of the petitioner from Rs.1,32,167.00
his appearance in Court per working day
during 2006-2007
Loss of income from appearance for 8 Rs.10,57,336.00
working days from 8th November, 2006
to 19th November, 2006
Less expenses for eight days Rs.57,096.00
__________________
Balance
Rs.10,00,240.00
_____________________________________________________
(rounded off) Rs.10,00,000.00
Less Income tax @ 30% Rs.3,00,000.00
__________________
Net loss of income from 8th November,
Rs.7,00,000.00
2006 to 19th November, 2006 _____________________________________________________
8. The Learned counsel for the appellant submits that the
appellant suffered partial loss of income during the period
from 20th November, 2006 to 9th December, 2006 and,
therefore, the compensation be also awarded for the said
period.
9. In the evidence by way of affidavit filed by the
appellant before the learned Tribunal, the appellant claimed
to have suffered loss of professional income from 8 th
November, 2006 to 19th November, 2006 completely and the
compensation for the subsequent period has not been
specifically claimed and, therefore, no compensation can be
awarded for the subsequent period.
10. The appellant is entitled to compensation of
Rs.7,00,000/- towards loss of income due to the injuries
suffered in the accident.
11. The appeal is allowed and the award amount is
enhanced from Rs.1,70,850/- to Rs.8,70,850/- (Rs.7,00,000/-
for loss of income + Rs.55,850/- towards cost of medicine
and treatment + Rs.50,000/- towards pain and suffering +
Rs.40,000/- towards special diet + Rs.25,000/- towards
conveyance) along with interest @ 7.5% per annum from the
date of filing of the petition till realization.
12. The award amount be deposited by respondent No.1
with UCO Bank A/c P.P. Rao Delhi High Court Branch within
30 days.
13. Upon the aforesaid deposit being made, the UCO Bank
is directed to release the same to the appellant without any
restriction of the fixed deposit.
14. Copy of this order be given 'Dasti' to learned counsel
for both the parties under signatures of Court Master.
J.R. MIDHA, J
JANUARY 13, 2010
mk
