Delhi High Court
Oriental Insurance Co Ltd. vs Ritu Kapoor & Ors on 16 April, 2014
Author: Suresh Kait
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 16th April, 2014
+ MAC.APP.No.597/2012
ORIENTAL INSURANCE CO LTD. ..... Appellant
Represented by: Mr. Amit Gaur, Advocate.
Versus
RITU KAPOOR & ORS ..... Respondents
Represented by: Mr.S.N.Parashar, Advocate for
Respondent No.1.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. The instant appeal is directed against the award dated 05.03.2012,
whereby the learned Tribunal has granted compensation as under:-
"a) Medial bills and expenses-------------------------- Rs.9047/-
b) Special diet and conveyance charges -------------- Rs.21,228/-
c) Pain and sufferings, inconvenience -------------- Rs.50,000/-
and temporary loss of amenities etc.
d) Loss of income------------------------------------- Rs.38,688/-
__________________
Total Rs.1,17,963/-"
Interest at the rate of 7.5% per annum was also awarded by the
learned Tribunal from the date of filing of the claim petition till realization
of the amount. Besides, this, a sum of Rs.11,000/- was also granted by the
learned Tribunal for lawyers' expenses.
2. Mr.Amit Gaur, learned counsel appearing on behalf of the
appellant/Insurance Company submits that the respondent No.1/injured had
received an amount spent by her on the treatment through Mediclaim Policy,
therefore, the learned Tribunal has wrongly awarded an amount of
Rs.9,047/- towards the medical bills and expenses.
3. Learned counsel further submits that an amount of Rs.11,000/-granted
by the learned Tribunal towards lawyers expenses is contrary to the
provisions of the Motor Vehicles Act.
4. The respondent No.1/injured was running the business of beauty
parlour and was earning her livelihood from the said establishment. Since
she could not prove her income, therefore, the learned Tribunal assessed her
income of the respondent No.1/injured as Rs.6448/- per month as applicable
to an unskilled worker at the relevant time as per the Minimum Wages Act,
1948.
5. In the accident in question, the respondent No.1/injured received
grievous injuries and fractures, due to which her life was affected and it was
difficult and inconvenient for her to perform even her daily personal routine.
She had to perform her work with impaired face. She lost the enjoyment and
amenities of life during the period of treatment.
6. Keeping in mind the facts and circumstances of the case and relying
upon the decision of this Court in the case bearing MAC. APP. No.
1028/2006, titled as 'Bimla Vs. Gopal, decided on 22.03.2010, the learned
Tribunal awarded an amount of Rs.9,047/- towards medical bills and
expenses.
7. In view of the above noted facts, I do not find any discrepancy in the
order passed by the learned Tribunal in granting the aforesaid compensation
on account of medical bills and expenses.
8. So far as the issue raised by the learned counsel for the
appellant/Insurance Company regarding grant of Rs.11,000/- as counsel fee
is concerned, this Court has already given its opinion in the case of ICICI
Lombard General Insurance Co. Ltd. Vs. Kanti Devi & Ors., MAC.A.
645/2012 decided on 30.07.2012, whereby it is held that the Tribunal has no
power to grant lawyer's fee and out of pocket expenses.
9. Accordingly, impugned order dated 05.03.2012 passed by the learned
Tribunal qua grant of aforesaid sum of Rs.11,000/- as lawyers expenses is
hereby set aside.
10. It is important to note that pursuant to order dated 25.05.2012, the
appellant/Insurance Company had deposited the awarded amount (less
counsel fee) with proportionate interest.
11. In view of the above, the appeal is partially allowed.
12. Consequently, the Registry of this Court is directed to release the
statutory amount in favour of the appellant/Insurance Company and the
balance compensation in favour of the respondent No.1/claimant in terms of
the award dated 05.03.2012 on taking necessary steps by her.
SURESH KAIT, J.
APRIL 16, 2014
sb
