National Insurance Co Ltd. vs Harish Chander Bhatt & Ors
2014 Latest Caselaw 1763 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                             Judgment delivered on: 1st April, 2014

+             MAC.APP. 1203/2012 & CM.No. 19408/2012


       NATIONAL INSURANCE CO LTD.                  ..... Appellant
                    Represented by: Mr.L.K.Tyagi, Advocate.

                             Versus

       HARISH CHANDER BHATT & ORS                ..... Respondents
                   Represented by: Mr.Pradeep Nawani,
                                   Advocate with Respondent
                                   No.1 in person.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

MAC.APP. 1203/2012

1. The present appeal is directed against the impugned award dated 18.08.2012 and the amended order dated 26.09.2012, whereby the learned Tribunal has granted compensation for a sum of Rs.22,97,000/- with interest at the rate of 9% per annum from the date of filing of the petition till realization of the amount.

2. Brief facts of the case are that on 05.02.2011 at about 8.42 am, the respondent No. 1 was going on his scooter bearing No. DL 3SX 6280. When he reached in front of Central School, Masjid Moth, Sadiq Nagar, a bus bearing No. DL1PA7510, being driven rashly and negligently by respondent

No. 2, hit his scooter. He fell down and sustained injuries. He was removed to JPN Apex Trauma Center, AIIMS, where his MLC was prepared. Accordingly, a case vide FIR No. 20/11 at Police Station Defence Colony was registered.

3. Mr.L.K.Tyagi, learned counsel appearing on behalf of the appellant/Insurance Company submits that on the date of the accident, respondent No. 1 was 22 years of age and he was a student and private tutor. He used to earn Rs. 8,000/- per month, however, while granting compensation, the learned Tribunal has relied upon the appointment letter dated 12.08.2009, mark 'A', whereby the respondent No.1 was selected as a Constable-cum-Clerk in Assam Rifles Training Center and School, whereas the accident had taken place on 05.02.2011, i.e., much after the aforesaid appointment letter.

4. Mr.Tyagi, further submits that relying upon the aforesaid appointment letter dated 12.08.2009, the learned Tribunal has assessed the salary of the respondent No.1 as Rs.22,160/- per month. Admittedly, the accident had taken place on 05.02.2011 and pursuant to aforesaid letter dated 12.08.2009, respondent No.1 did not join that employment. Thus, it is established that on the date of the accident and as claimed in the claim petition, the respondent No.1 at best was earning only Rs.8,000/- per month from tuitions. Thus, the learned Tribunal ought to have considered the income of the respondent No.1 accordingly.

5. On perusal of the record, especially the educational certificates Ex.PW1/D (colly), it is revealed that on the date of the accident, the respondent No.1 was pursuing B.A.(Programme)-I. He also learnt typing

(English) from 'Anupam Typing and Shorthand Centre', and secured certificate dated 15.05.2009 from that Centre, showing his typing speed (English) as 30 w.p.m. Also proved admit card Ex.PW1/G, which shows that he was to appear for the examination of Head Constable-cum-Clerk in Delhi Police, which was to be held on 20.12.2011. However, due to the injuries received in the accident, he suffered 89% permanent disability in relation to his right upper limb and considering the nature of injuries sustained by him and his career prospects, the learned Tribunal has taken the functional disability as 45%.

6. The fact remains that the appointment letter dated 12.08.2009 has been relied upon by the learned Tribunal, whereas the accident had taken place on 05.02.2011.

7. Due to the disability suffered, the respondent No. 1 neither could appear nor can be selected at Typist in any secretarial services because of the amputation of his right hand.

8. Keeping in view the educational qualification earned by the respondent No.1 and the fact that he had already selected as Constable-cum- Clerk in Assam Rifles Training Center and School vide appointment letter dated 12.08.2009, there was every possibility of his having selected in Delhi Police as he had to appear for the examination of Head Constable-cum-Clerk scheduled for 20.12.2011 or in any service, had he been not met with the accident in question and would have certainly earned more.

9. Therefore, in view of the above noted facts, I do not find any discrepancy in the order of the learned Tribunal in assessing the monthly

income of the respondent No.1 as Rs.22,160/- while calculating loss of income on account of permanent disability.

10. Hence, the present appeal is dismissed.

11. Consequently, the Registry of this Court is directed to release the statutory amount in favour of the appellant/Insurance Company and the balance compensation with upto date interest in favour of the respondent No.1/injured as per the directions of the learned Tribunal on taking necessary steps by him.

CM.No. 19408/2012

With the dismissal of the appeal itself, the instant application has become infructuous. The same is accordingly dismissed.

SURESH KAIT, J.

APRIL 01, 2014 sb