New India Assurance Co. Ltd vs Jiya Lal & Ors.
2012 Latest Caselaw 7027 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 7th December, 2012
+       MAC APP.1244/2012
        NEW INDIA ASSURANCE CO. LTD.                  ..... Appellant
                      Through: Mr.Punit Vinay, Advocate
                        Versus
        JIYA LAL & ORS.                                              .....Respondents
                       Through: None.
        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL

                                      JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellant New India Assurance Company Limited impugns a judgment dated 27.08.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of ` 3,85,511/- was awarded in favour of the First Respondent for having suffered injuries in a motor vehicle accident, which occurred on 04.08.2004.

2. The Claims Tribunal awarded a sum of ` 3,85,511/-, which is tabulated hereunder:

Sl. Compensation under various heads Awarded by the No. Claims Tribunal

1. Medical Expenses ` 1,012/-

2. Special Diet & Conveyance Charges ` 15,000/-

           3.        Loss of Income                                      ` 19,914/-

           4.        Pain and Suffering, Inconvenience, Mental           ` 25,000/-
                     Shock, Loss of Amenities

           5.        Loss of amenities in life                           ` 20,000/-



            6.        Loss of earning capacity                        ` 2,79,585/-

           7.        Physical disfigurement due to permanent           ` 25,000/-
                     disability

                                                        Total        ` 3,85,511/-

3. The Claims Tribunal made an addition of 30% towards inflation while awarding the loss of earning capacity relied on Santosh Devi v. National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559.

4. It is urged by the learned counsel for the Appellant Insurance Company that Santosh Devi (supra) is applicable only in fatal accident cases.

5. I am not inclined to agree with the learned counsel for the Appellant Insurance Company. Addition on account of inflation equally applies to the injury cases wherever loss of earning capacity is awarded. Inflation affects not only the legal representatives of the deceased who died in a motor vehicle accident but also a person who is injured in an accident.

6. The Appeal is devoid of any merit; the same is accordingly dismissed.

7. Pending Applications also stand disposed of.

8. The compensation amount be deposited with the Claims Tribunal immediately and a compliance report be filed in this Court within two weeks.

9. On filing of compliance report, statutory deposit of `25,000/-, if any, shall be refunded to the Appellant Insurance Company.

(G.P. MITTAL) JUDGE DECEMBER 07, 2012/v