Rajan vs Iffco Tokyo General Insurance Co. ...
2011 Latest Caselaw 4240 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                              Date of Judgment: 30.08.2011

+ MAC Appeal No. 784/2011 CM No. 16217-18/2011

RAJAN                                     ...........Appellant
                          Through:   Mr.Nandan Kumar, Advocate.

                    Versus

IFFCO TOKYO GENERAL INSURANCE CO. LTD.
                                      ..........Respondent
                  Through: Ms.Shantha  Devi  Raman,
                           Advocate.

CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR

    1. Whether the Reporters of local papers may be allowed to
       see the judgment?

    2. To be referred to the Reporter or not?             Yes

    3. Whether the judgment should be reported in the Digest?
                                                         Yes

INDERMEET KAUR, J. (Oral)

1 This appeal has impugned the Award dated 29.11.2010

which was subsequently modified on 26.03.2011 whereby a total

compensation of `3,19,733/- had been awarded in favour of the

injured/petitioner. The petitioner has suffered an accident and

pursuant thereto had suffered grievous injuries; this was on

30.05.2008. His loss of income has been assessed at `1,88,334/-.

Minimum wages of `3,633/- had been taken into account and after

computation of his annual income, the correct multiplier of '18'

had been applied. There is no dispute up till this point. The only

contention of the learned counsel for the appellant is that future

prospects have not been taken into consideration. This contention

is negatived by the calculations in the impugned Award.

2 The appellant had admittedly suffered 24 % disability; this

benefit of 24% disability had been taken into account while

computing the total loss of income and this was squarely in terms

of the judgment of this Court reported in Raj Kumar Vs. Ajay

Kumar JT 2010 30 SC 38. The benefit of 24% disability suffered by

the appellant has been taken care of while coming to the

aforenoted calculation; the calculation reads as:-

`3,633/-X24/100X12X18= `1,88,334/- which is the figure

awarded under the head of 'loss of income'. The impugned Award

suffers from no infirmity on this calculated figure; no other ground

has been urged; appeal is without any merit.

3     Dismissed.



                                          INDERMEET KAUR, J.
AUGUST 30, 2011
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