Delhi High Court
New India Assurance Co Ltd vs Parveen Kumar And Ors on 6 December, 2016
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06th December, 2016
+ MAC.APP.723/2012
NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Mr. P. Acharya proxy for Mr.
Sameer Nandwani, Advocate
versus
PARVEEN KUMAR AND ORS ..... Respondents
Through: Mr. Gaurav Gupta, Advocate
for respondent No.1
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.9,93,147/- has been awarded to
respondent No.1.
2. On 07th August, 2006, respondent No.1 was travelling in bus
No.DL-1P-B-4387 as a helper and he fell down from the bus while
alighting and suffered grievous injuries. Respondent No.1 was
admitted in the Trauma Centre of Lok Nayak Hospital where he
remained hospitalised upto 20th August, 2006. He again admitted in
Tirath Ram Shah Charitable Hospital from 24th to 29th August, 2006
and 16th to 22nd September, 2006. The toe of the left foot of
respondent No.1 was amputated which resulted in 51% disability
relating to left lower limb.
3. The Claims Tribunal awarded Rs.75,000/- towards pain and
sufferings, Rs.1 lakh towards loss of amenities and enjoyment of life
and Rs.1,50,000/- towards loss of marriage prospects. The Claims
Tribunal awarded Rs.51,000/- towards medical expenses, Rs.19,872/-
towards loss of income, Rs.5,47,275/- towards loss of future income,
Rs.10,000/- towards special diet, Rs.15,000/- towards conveyance and
Rs.25,000/- towards medical treatment. The total compensation
awarded is Rs.9,93,147/-.
4. Learned counsel for the appellant urged at the time of hearing
that respondent No.1 was negligent and, therefore, not entitled to any
compensation. It is further submitted that the compensation awarded
by the Claims Tribunal is on a higher side. It is submitted that the
Claims Tribunal has taken the loss of functional disability as 51%
which should be taken as 25%. It is further submitted that the future
prospects should not be taken into consideration for computing loss of
earning capacity. It is further submitted that compensation of
Rs.25,000/- has been awarded for future treatment without any
evidence. It is submitted that the Claims Tribunal has awarded
counsel's fee of Rs.30,000/- without any justification.
5. Respondent No.1 is present in Court and his injuries have been
seen. This Court is satisfied that the compensation awarded to
respondent No.1 is just, fair and reasonable and does not warrant any
interference. However, the counsel's fee awarded by the Claims
Tribunal is set aside.
6. The appeal is partially allowed to the extent of setting aside of
counsel's fee.
7. The appellant has deposited the entire award amount with UCO
Bank, Delhi High Court Branch out of which Rs.5,07,297/- has been
released to respondent and the balance amount is lying in fixed
deposit.
8. Learned counsel for respondent No.1 submits that the appellant
has deposited Rs.12,28,670/- with UCO Bank, Delhi High Court
Branch on 06th September, 2016.
9. UCO Bank, Delhi High Court Branch is directed to keep Rs.11
lakh in 10 FDRs of Rs.1,10,000/- each in the name of respondent No.1
for the periods 1 year, 2 years, 3 years, 4 years, 5 years, 6 years, 7
years, 8 years, 9 years and 10 years. The balance amount, after
keeping Rs.11 lakh in FDRs, be released to respondent No.1 by
transferring the same to his savings bank account bearing
No.09622191035336 with Oriental Bank of Commerce, Delhi-
Bawana Branch, 29, Auchandi Road, Bawana, Delhi (IFSC Code
ORBC0100962).
10. The monthly interest on the FDRs of respondents shall be
credited in his individual savings bank accounts.
11. At the time of maturity, the fixed deposit amount shall be
credited in the savings bank account of the beneficiary/respondent.
12. All the original FDRs shall be retained by UCO Bank, Delhi
High Court Branch. However, the photocopies of the same shall be
provided to the claimant/respondent.
13. No cheque book or debit card be issued to the
claimant/respondent without permission of this Court.
14. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
15. The claimant/respondent shall approach the UCO Bank for
completing the formalities for the disbursement of the award amount
in terms of this order.
16. The statutory amount be refunded back to the appellant.
17. Copy of this judgment be given dasti to both the parties.
DECEMBER 06, 2016 J.R. MIDHA, J.
rsk
