Delhi High Court
Amrao Singh @ Umrao Singh vs Hdfc Ergo Gen. Ins Co Ltd & Ors on 23 May, 2016
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 23.05.2016
+ MAC.APP. 135/2014
AMRAO SINGH @ UMRAO SINGH ..... Appellant
Through: Mr. Anshuman Bal, Advocate
versus
HDFC ERGO GEN. INS CO LTD & ORS ..... Respondents
Through: Mr. Pankaj Gupta for Ms. Suman Bagga,
Advocates
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT
R.K.GAUBA, J (ORAL):
1. The appellant (claimant) suffered injuries in a motor vehicular
accident that occurred on 11.04.2011 on account of negligent driving of a
car bearing registration no.UP-14-AJ-0856 (offending vehicle) and in the
consequence was rendered (per Ex. PW1/7) to be a case of 'comminuted
fracture of posterior element of D12 with paraplegic with bladder bowel
involvement with permanent physical disability of 90% (Ninety percent) in
relation to both lower limbs".
2. On his accident claim (MACT claim no.24/11), instituted on
25.11.2011, the Motor Accident Claims Tribunal (tribunal), by judgment
dated 08.10.2013, upheld the case about injuries and disability having been
suffered due to negligent driving of the offending vehicle. The said finding
has attained finality as it was not further challenged.
3. By the above-said judgment, the tribunal awarded Rs.13,67,711/- as
compensation with interest at the rate of 7.5% p.a. from the date of filing of
the petition till realization, inter alia, holding the appellant to be functionally
disabled to the extent of 100%. The tribunal awarded the said compensation
making the assessment under the heads of loss of earning capacity due to
disability, pain and suffering, medical expenses, special diet, conveyance
charges, attendant charges, need for catheter, wheel chair, etc.
4. The appellant is in appeal seeking enhancement of the compensation
on the ground that the award towards pain and suffering is inadequate, no
award has been made on account of loss of amenities of life and finally that
the rate of interest levied is on the lower side.
5. Having heard the arguments on both sides and having gone through
the record, the appeal of the claimant based on the above three grounds
deserves to be accepted. Keeping in view of the nature of the injuries
suffered and their effect on the life of the claimant (then 64 years in age), the
award towards pain and suffering is increased to Rs.1,50,000/- and an
additional award of Rs.1,50,000/- on account of loss of amenities of life is
added. This would result in the total compensation being increased by Rs.2
Lakhs.
6. Following the consistent view taken by this Court, the rate of interest
is increased to 9% per annum from the date of filing of the petition till
realization. [see judgment dated 22.02.2016 in MAC.APP. 165/2011
Oriental Insurance Co Ltd v. Sangeeta Devi & Ors.].
7. The insurer is directed to deposit the enhanced portion of the
compensation, including on account of increased rate of interest, with the
tribunal within 30 days whereupon it shall be released to the claimant in the
form of fixed deposit receipt in a nationalized bank of his choice for a period
of 7 years with right to draw monthly interest.
8. The appeal is disposed of in above terms.
R.K. GAUBA
(JUDGE)
MAY 23, 2016
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