Delhi High Court
Bajaj Allianz General Insurance ... vs Pramod Kumar & Ors on 1 August, 2016
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 01st August, 2016
+ MAC.APP. 542/2016
BAJAJ ALLIANZ GENERAL INSURANCE CO LTD ..... Appellant
Through: Mr. Rajat Brar, Advocate
versus
PRAMOD KUMAR & ORS ..... Respondents
Through: Mr. Navneet Goel, Advocate
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
C.M. Appl. 25675/2016
The delay in filing the appeal is condoned. The application is
disposed of.
MAC.APP. 542/2016
1. The appellant has challenged the award for Rs.20,12,500/- passed by
the Claims Tribunal in favour of respondent No.1 on the short ground that
the Claims Tribunal should not have taken the future prospects of
respondent No.1 into consideration.
2. On 16th February, 2015 at 02:45 p.m., respondent No.1 was riding his
motorcycle while going from Khel Gaon to Malviya Nagar. When
respondent No.1 reached opposite S-137, Panchsheel Park, he was hit by car
bearing registration No.DL-1C-K-4444 resulting in grievous injuries.
Respondent No.1 was taken to JPN Trauma Centre, AIIMS, where he was
operated upon. The injuries suffered by respondent No.1 has resulted in
22% permanent disability in respect of right lower limb. Respondent No.1
was aged 43 years at the time of the accident and was doing the work of air-
conditioner repairs earning Rs.19,000/- per month. The respondent No.1
remained out of work for four months and the Claims Tribunal awarded
Rs.76,000/- (Rs.19,000 x 4) towards the loss of income for four months.
The Claims Tribunal took the functional disability of respondent No.1 as
50% and awarded loss of future income as Rs.15,96,000/- (Rs.19,000 x 12 x
14 x 50%) by applying the multiplier of 14. The Claims Tribunal awarded
Rs.50,000/- towards pain and sufferings, Rs.10,000/- towards special diet,
Rs.10,000/- towards conveyance, Rs.15,000/- towards attendant charges and
Rs.50,000/- towards loss of amenities. The total compensation awarded is
Rs.20,12,500/-.
3. Respondent No.1 is present in Court and his injuries have been seen
by the Court as well as learned counsel for the appellant. Respondent No.1
submits that he used to drive a two wheeler for going to the repairs of air-
conditioners which he is unable to drive now due to the permanent
disability. He further submits that he finds difficulty in balancing the body
while walking due to the permanent disability. He further submits that his
income of Rs.19,000/- per month at the time of the accident has come down
to about Rs.15,000/- per month. Respondent No.1 has a family comprising
of himself, his wife, unmarried sister and three children.
4. On hearing th e parties at length, this Court is satisfied that the
compensation awarded to respondent No.1 is fair and reasonable. There is
no infirmity in taking the future prospects by the Claims Tribunal in
awarding the compensation.
5. The appeal is dismissed. However, the disbursement of the award
done by the Claims Tribunal is modified. The appellant shall deposit the
entire award amount along with upto date interest within four weeks with
State Bank of India, Saket Court Branch, New Delhi, by means of a cheque
drawn in the name of SBI A/c Pramod Kumar, whereupon State Bank of
India shall keep a sum of Rs.20,00,000/- in fixed deposit in the following
manner: -
RESP. 1
SR.
DURATION OF FDR FDR AMOUNT
NO.
(RS.)
1. 1 year 2,00,000/-
2. 2 years 2,00,000/-
3. 3 years 2,00,000/-
4. 4 years 2,00,000/-
5. 5 years 2,00,000/-
6. 6 years 2,00,000/-
7. 7 years 2,00,000/-
8. 8 years 2,00,000/-
9. 9 years 2,00,000/-
10. 10 years 2,00,000/-
TOTAL 20,00,000/-
6. The balance amount shall be released to respondent No.1 by
transferring the said amount to his savings bank account.
7. Monthly interest on the FDRs shall be credited in the savings bank
account of respondent No.1.
8. All the original FDRs shall be retained by State Bank of India, Saket
Court Branch, New Delhi. However, the photocopies of the same shall be
provided to the respondent No.1. At the time of maturity, the fixed deposit
amount shall be automatically credited in the saving bank account of the
Claimant(s).
9. No cheque book be issued to the claimant without permission of the
Court.
10. No loan or advance on pre-mature discharge shall be permitted
without the permission of this Court.
11. The respondents shall approach the State Bank of India for
completing the formalities for the disbursement of the award amount in
terms of this order.
12. State Bank of India, Saket Court Branch, New Delhi shall ensure that
the savings account of respondent No.1 is individual account and not joint
account.
13. The claimant/respondent is at liberty to approach this Court for
release of further amount in case of any financial exigency.
14. The appellant shall file the affidavit giving the computation of interest
upto the date of deposit along with proof of deposit with the Registrar
General of this Court whereupon the statutory amount deposited by the
Court shall be released.
15. Copy of this order be sent to State Bank of India, Saket Court Branch,
New Delhi.
16. Copy of this order be given dasti to learned counsel for the appellant
under signature of Court Master.
C.M. Appl. 25673/2016
This application is dismissed.
J.R. MIDHA, J.
AUGUST 01, 2016
rsk
