Delhi High Court
New India Assurance Co Ltd vs Vipin Bhardwaj & Ors on 27 August, 2013
Author: Suresh Kait
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 27th August, 2013
+ MAC.APP. 161/2012
NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Mr. A.K. Kaul, Adv.
Versus
VIPIN BHARDWAJ & ORS ..... Respondents
Through: Mr. Y.D. Sharma, Adv. for R1.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Instant appeal has been preferred against the impugned award dated
23.11.2011, whereby ld. Tribunal has granted compensation for a sum of
Rs.99,407/- in favour of the respondent no. 1 / injured with interest @ 7.5%
per annum from the date of filing the petition till its realization.
2. The appellant also challenged the direction to deposit the award
amount within 30 days from the date of the impugned order failing which
interest @ 12% per annum shall be charged w.e.f. 09.08.2011 (judgment
reserved) till realization.
3. Ld. Counsel appearing on behalf of the appellant submits that
ld. Tribunal has granted the compensation as under: -
"1. Medical Expenses : Rs.31,407/-.
2. Pain and suffering : Rs.30,000/-
3. Loss of studies / income : Rs.18,000/-
4. Loss of amenities : Rs.10,000/-
5. Conveyance and Special diet : Rs.10,000/-
___________________________________________
Total : Rs.99,407/-"
He submits that the said award amount is on a very higher side
towards all counts and needs to be reduced.
4. Ld. Counsel appearing on behalf of the respondent no. 1 / injured
submits that keeping the injuries into view and the loss of study to
respondent no. 1 / injured, ld. Tribunal has rightly awarded the
compensation for a sum of Rs.99,407/-. The appellant has not disputed the
issue no. 1. Therefore, it is proved that the respondent no. 1 / injured
sustained injuries on 16.12.2010 due the rash and negligent driving of tractor
bearing registration no. HR-13D-4381 by respondent no. 2 Rattan Kumar.
To this effect FIR has been proved as Ex.PW1/1, site plan as Ex.PW1/2,
arrest memo of respondent no. 2 Rattan Kumar, driver of the offending
vehicle as Ex.PW1/3. Thus it is proved that the driver of the offending
vehicle was negligent while committing the accident in question.
5. Perusal of the record reveals that respondent no. 1 / injured filed his
affidavit Ex.PW1/A wherein it is stated that he was taken to RTRM
Hospital, Nazafgarh, where he remained admitted for 4 days and thereafter
he was referred to AIIMS on 28.12.2010. He remained in ICU (AIIMS
Trauma Centre) from 20.12.2010 to 23.12.2010. MLC has been proved as
Ex.PW1/5. He also proved the medical bills on record amounting to Rs.
31,407/-. To prove the MLC of RTRM Hospital, respondent no. 1 has
examined PW1 Sh. J.C. Vashishtra, Record Clerk of RTRM Hospital, who
proved the photocopy of MLC of Vipin Bhardwaj respondent no. 1/ injured
as Ex.PW1/5. He has also proved the summary of discharge as Ex.PW3/A.
6. In the affidavit, filed by respondent no. 1 / injured Ex.PW1/A it is
stated that he was studying in MERI College of Engineering & Technology,
Village Asauda, near Sampla, Bahadurgarh, Haryana. He had already
deposited the examination fee of Rs.2,608/- of the 5th Semester. But due to
the accident in question, he could not appear in examination of 5 th Semester
and thereafter again he deposited his examination fees of Rs.800/-.
7. Keeping in view the trauma suffered by the respondent no. 1 / injured
as he remained in ICU (AIIMS Trauma Centre) from 20.12.2010 to
23.12.2010 and the loss of study, I do not find any discrepancy in the award
passed by the ld. Tribunal vide order dated 23.11.2011.
8. As pointed out by the ld. Counsel for the appellant that ld. Tribunal
vide order dated 23.11.2011 has directed to deposit the award amount within
30 days failing which penal interest @ 12% per annum shall be charged
w.e.f 09.08.2011 till realization. I am of the opinion, there is no logic
behind as to why the ld. Tribunal has imposed the penal interest of 12% per
annum w.e.f 09.08.2011, the day on which the award was reserved. Vide
order dated 13.02.2012 passed by this court, appellant was directed to
deposit the entire award amount with Registrar General of this court.
9. In view of the above, Registrar General of this court is directed to
release the compensation amount in favour of respondent no. 1 / injured with
interest @ 7.5% from the date of filing of the claim petition till 23.12.2011
and thereafter penal interest @ 12% till the amount deposited pursuant to
order dated 13.02.2012 with Registrar General of this court in terms of the
award dated 23.11.2011 on taking steps.
10. Statutory amount be released in favour of the appellant.
11. Instant appeal stands disposed of accordingly.
CM. NO. 2710/2012
In view of the above, instant application has become infructuous and
disposed of as such.
SURESH KAIT, J.
AUGUST 27, 2013
jg
