Smt. Sunita Rana vs Sh. Hitesh Kumar Dheer & Ors.
2014 Latest Caselaw 2510 Del

$~21
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                              Judgment delivered on: 16th May, 2014


+                                 MAC.APP.863/2013


SMT. SUNITA RANA                                          ..... Appellant
                           Represented by:      Mr. O.P.Mannie, Advocate.


                      Versus


SH. HITESH KUMAR DHEER & ORS.              ..... Respondents
                  Represented by: Ms. Meenakshi, Advocate for
                  Respondent No.2.
                  Mr.Sanjay Rawat, Advocate for Respondent No.3.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

MAC.APP.434/2012

1. The present appeal is directed against the impugned award dated 16.04.2013, whereby the learned Tribunal has granted compensation for an amount of Rs.3,28,560/- with interest at the rate of 7.5% per annum from the date of filing of the petition till realization of the amount.

2. Vide the present appeal, the appellant is seeking enhancement of the compensation amount noted above.

3. Mr.O.P. Mannie, learned counsel appearing on behalf of the appellant submits that due to the accident occurred on 10.08.2008, the appellant/injured received 47% permanent disability in relation to right lower limb. She was 35 years of age on the date of the accident, despite, the learned Tribunal has not added any amount in her actual income towards future prospects.

4. To strengthen his arguments, learned counsel has relied upon the dictum of Full Bench of the Apex Court in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563, wherein the Apex Court has held that in the case of self-employed or persons with fixed wages, in case, the deceased victim was below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future prospects.

5. Mr. Mannie, learned counsel further submits that the learned Tribunal has not granted any amount towards loss of amenities of life and loss of expectation of life.

6. The issue regarding the future prospects has been dealt with by this Court in the case bearing MAC. APP. No.846/2011 titled as ICICI Lombard General Insurance Co. Ltd. Vs. Angrej Singh & Ors., decided on 30.09.2013 while relying upon the judgment of the Full Bench of the Apex Court in Rajesh and Ors. (supra) and thereafter, this Court is consistently following the aforesaid dictum.

7. Therefore, keeping in view the settled position of law and that the injured was aged 35 years at the time of the accident, I add 50% of the actual income of the appellant/injured towards future prospects.

8. As regards the non-grant of compensation on account of loss of amenities of life and loss of expectation of life is concerned, keeping in mind the facts and circumstances of the case in hand, I award a sum of Rs.15,000/- each on account of aforementioned two heads.

9. Accordingly, the compensation amount comes as under:

     Sl.      Heads of                      Compensation Compensation
     No.      Compensation                  granted by ld. granted by this
                                            Tribunal       Court
     (I)      Pecuniary Damages:-
     (a)      Expenses     relating     to Rs.1,00,000/-    Rs.1,00,000/-
              treatment, hospitalization,
              medicines, transportation,
              nourishing     food     and
              miscellaneous expenditure
     (b)      Future medical expenses      Nil              Nil
     (c)      Loss of wages on account of Rs.1,78,560/-     Rs.2,67,909.12
              permanent disability
     (II)     Pecuniary Damages:-
     (a)      Damages for pain, suffering Rs.     50,000/- Rs.    50,000/-
              and     trauma      as      a
              consequence of the injuries
     (b)      Loss of amenities of life     Nil             Rs.   15,000/-
     (c)      Loss of expectation of life   Nil             Rs.   15,000/-
              TOTAL                         Rs.3,28,560/-   Rs.4,47,909.12

Accordingly, the total compensation amount is assessed at Rs.4,47,909.12. The same is rounded off at Rs.4,47,909/-

10. Resultantly, an amount of Rs.1,19,349 is enhanced (Rs.4,47,909.12 - Rs.3,28,560/-).

11. The enhanced amount shall carry interest @ 7.5% per annum from the date of filing of the claim petition till realization of the amount.

12. Accordingly, the respondent No.3/Insurance Company is directed to deposit the enhanced amount with up-to-date interest with the Registrar General of this Court within a period of five weeks from today, failing which, appellant/claimant shall be entitled for penal interest @ 12% per annum on account of delayed payment.

13. On deposit, the Registrar General is directed to release 50% of the same with proportionate interest in favour of the appellants/claimant and balance 50% shall be invested in the form of FDR initially for a period of three years.

14. In view of the above, the appeal is allowed.

SURESH KAIT, J.

MAY 16, 2014 Sb/jg