Delhi High Court
National Insurance Company Ltd vs Gurudev @ Lal Ram on 11 January, 2010
Author: J.R. Midha
5
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.576/2009
Date of Decision: 11th January, 2010
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NATIONAL INSURANCE COMPANY LTD ..... Appellant
Through : Ms. Manjusha Wadhwa and
Ms. Harsh Lata, Advs.
versus
GURUDEV @ LAL RAM ..... Respondent
Through : Mr. O.P. Mannie, Adv.
along with respondent No.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.7,58,996/- has been
awarded to respondent No.1. The appellant seeks reduction
of the award amount.
2. The accident dated 7th September, 2006 resulted in the
grievous injuries to respondent No.1. The respondent was
going on his motorcycle bearing No.DL-4S-AY-6852 when he
was hit by Maruti Car bearing No.HR-13-B-0886. Respondent
No.1 remained hospitalized intermittently till 16th November,
2007. The injuries suffered by respondent No.1 are as
under:-
(i) Fracture tibia & fibula with loss of skin with
multiple fracture of right and left leg.
(ii) Fracture femoral condyle, fracture medial
malleolus.
(iii) Fracture Calcaneum right leg.
(iv) Loss of skin.
(v) Deep wound on right buttock close to natal cleft
right lower limb.
(vi) Tibial pins and two pins in the 1st & 5th MT bones
fixed.
3. The disability of respondent No.1 was assessed to be
45% in respect of left lower limb as per disability certificate,
Ex.PW1/1. Respondent No.1 had passed Senior Secondary
Certificate Examination and was also holding a diploma in
Information and Technology. Respondent No.1 claimed that
he was working as Document/Installment collector with M/s
H.R.D. Services earning Rs.5,000/- per month. However, in
the absence of any documentary proof of income, the
learned Tribunal took the minimum wages of Rs.5,640/- after
considering increase in minimum wages due to inflation and
rise in price index. The learned Tribunal assessed the loss of
earning capacity of respondent No.1 to be 30% and the loss
of earning capacity was computed at Rs.3,65,472/- [30% of
(Rs.5,640 x 12 x 18)]. The learned Tribunal further awarded
Rs.15,000/- towards special diet, Rs.15,000/- towards
attendant charges, Rs.18,800/- towards loss of income,
Rs.50,000/- towards pain and suffering, Rs.70,000/- towards
loss of amenities of life and Rs.40,000/- towards
disfigurement. The total compensation awarded is
Rs.7,58,996/-.
4. The learned counsel for the appellant has urged
following grounds at the time of hearing of this appeal:-
(i) The loss of earning capacity of respondent No.1
be reduced from 30% to 10% or 15%.
(ii) The compensation for loss on account of
conveyance be reduced.
5. The learned Tribunal has taken the loss of earning
capacity of respondent No.1 as 30% considering the fact that
respondent No.1 was unable to walk fast, run as well as drive
two wheeler and the nature of occupation of respondent No.1
was such that he needed to stand, walk and drive.
Respondent No.1 has also been incapacitated to climb stairs.
The permanent disability of respondent No.1 in relation to
left lower limb has been assessed to be 45%. Although there
are no set norms for assessing permanent disability in
respect of whole body, PW-2 deposed that permanent
disability in relation to whole body would be 10% to 15%.
6. The loss of earning capacity has to be assessed by
taking the occupation of the injured and the effect of the
injuries on the occupation. The percentage of permanent
disability and the loss of earning capacity are two different
concepts and the loss of earning capacity has to be assessed
by taking the occupation and effect of the injuries on the
occupation into consideration. Respondent No.1 is present in
Court and his injuries have been perused by this Court. The
learned Tribunal has taken the loss of earning capacity to be
30% which is just, fair and reasonable in the facts and
circumstances of this case.
7. The amount awarded by the learned Tribunal towards
conveyance is also just, fair and reasonable considering the
nature of injuries suffered by respondent No.1 and the period
of his treatment.
8. For all the aforesaid reasons, the appeal is dismissed.
9. The appellant has deposited the entire award amount
along with interest amounting to Rs.8,51,486/- with UCO
Bank, Delhi High Court Branch in terms of the order dated
27th November, 2009.
10. The UCO Bank is directed to release a sum of
Rs.1,51,486/- to respondent No.1 by transferring the said
amount to his Saving Bank Account.
11. The remaining amount of Rs.7,00,000/- be kept in fixed
deposit with UCO Bank as per the details given hereunder:-
(i) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of one year.
(ii) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of one and a half
years.
(iii) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of two years.
(iv) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of two and a half
years.
(v) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of three years.
(vi) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of three and a half
years.
(vii) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of four years.
(viii) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of four and a half
years.
(ix) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of five years.
(x) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of five and a half
years.
(xi) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of six years.
(xii) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of six and a half
years.
(xiii) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of seven years.
(xiv) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of seven and a half
years.
12. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of claimant/respondent No.1.
13. Withdrawal from the aforesaid accounts shall be
permitted to claimant/respondent No.1 after due verification
and the Bank shall issue photo Identity Card to
claimant/respondent No.1 to facilitate identity.
14. No cheque book be issued to claimant/respondent No.1
without the permission of this Court.
15. The original fixed deposit receipts shall be retained by
the Bank in the safe custody. However, the original Pass
Book shall be given to claimant/respondent No.1 along with
the photocopy of the FDRs.
16. The original fixed deposit receipts shall be handed over
to claimant/respondent No.1 at the end of the fixed deposit
period and the maturity amount be paid by transferring the
same to the Saving Bank Account of claimant/respondent
No.1.
17. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
18. Half yearly statement of account be filed by the Bank in
this Court.
19. On the request of claimant/respondent No.1, the Bank
shall transfer the Savings Account to any other branch of
UCO Bank according to his convenience.
20. Claimant/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.
21. Copy of the order be given dasti to counsel for both the
parties under the signature of the Court Master.
22. 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.
J.R. MIDHA, J
JANUARY 11, 2010
mk
