Delhi High Court
The New India Assurance Co. Ltd. vs Shri Rakesh Sood & Anr. on 3 November, 2016
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision:03rd NOVEMBER, 2016
+ MAC.APP. 366/2014 & CM 36101/2016
THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant
Through: Mr.J.P.N. Shahi, Advocate
versus
SHRI RAKESH SOOD & ANR. ..... Respondents
Through: Mr.S.N.Parashar, 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.11,43,154/- has been awarded to
respondent no.1.
2. The accident dated 5th December, 2007 resulted in the fracture
of mid shaft of tibia and fibula right side, multiple fracture of ribs left
side, fracture of left clavicle and fracture of right leg. Respondent no.1
underwent surgery of the right leg for fixation of plates at Maharaja
Agrasen Hospital where he remained hospitalised from 6th December,
2007 to 13th December, 2007. On 5th July, 2008, respondent no.1 was
admitted in Bhagwan Mahavir Hospital till 7th July, 2008 for removal
of the plate fixed in the right lower leg and another operation was
carried out and elizarov ring fixator was applied and corticotomy was
done. The injuries suffered by respondent no.1 resulted in 30%
permanent physical disability in relation to his right lower limb.
3. The Claims Tribunal awarded Rs.7,34,954/- towards loss of
earning capacity, Rs.1,78,200/- towards loss of income during
treatment and during recovery period, Rs.1,00,000/- towards medical
expenses, Rs.30,000/- towards special diet, conveyance & attendant
charges, Rs.50,000/- towards pain and sufferings, Rs.50,000/- towards
loss of damages owing to disability and loss of amenities of life. The
total compensation awarded is Rs.11,43,154/-.
4. Learned counsel for the appellant urged at the time of the
hearing that the medical expenses of Rs.1 lakh has been reimbursed to
respondent no.1 under a medi-claim policy and therefore, respondent
no.1 is not entitled to the said amount. Reliance is placed on United
Insurance Company Ltd. v. Patrica Jeans, AIR 2002 SC 2607 and
National Insurance Company Ltd. v. Deepmala Goel, 2013 ACJ
2382. Learned counsel for the appellant further submits that the
functional disability be reduced from 30% to 14%.
5. Learned counsel for respondent no.1 submits that the
respondent no.1 incurred medical expenditure of Rs.1,38,828/- out of
which Rs.98,265/- has been reimbursed under the medi-claim policy.
It is submitted that medical expenses of Rs.40,563/- over and above
the amount reimbursed by the insurance company be allowed to
respondent no.1. It is further submitted that the compensation
awarded to respondent no.1 under the heads of pain and suffering are
on the lower side.
6. Respondent no.1 is present in Court and his condition has been
seen. There is no infirmity in the functional disability of 30% taken
by the Claims Tribunal. However, there is merit in the appellant's
contention that the medical expenses in respect of which the
respondent no.1 has got reimbursement under the medi-claim policy
cannot be claimed in view of the judgment of the Supreme Court in
United Insurance Company Ltd. v. Patrica Jeans (supra) followed by
this Court in National Insurance Company Ltd. v. Deepmala Goel
(supra). The medical expenses of Rs.1 lakh allowed by the Claims
Tribunal is therefore set aside. However, respondent no.1 shall be
entitled to reimbursement of Rs.40,563/- incurred by respondent no.1
over and above the medical expenses paid to him under the medi-
claim policy. Respondent no.1 shall be entitled to compensation of
Rs.10,83,717/-
7. The appeal is partially allowed and the award amount is reduced
from Rs.11,43,154/- to Rs.10,83,717/-. The appellant has deposited
the 80% of the award amount with the Registrar General of this Court
in terms of order dated 28th April, 2014 out of which 70% has been
released to respondent no.1 and the balance amount is lying in fixed
deposit with UCO Bank, Delhi High Court Branch.
8. The Registrar General is directed to disburse the balance award
amount lying in fixed deposit to respondent no.1 by instructing UCO
Bank, Delhi High Court Branch to discharge the FDR and release the
FDR amount to respondent no.1.
9. With respect of 70% award amount already released to
respondent no.1 is lying in four fixed deposits bearing
Nos.15530310459614, 15530310459621, 15530310459638 and
15530310459645 for Rs.1,60,876/- each. Respondent no.1 has filed
CM 36101/2016 for premature discharge of the said FDRs for the
marriage of his son fixed in February 2017. CM 36101/2016 is
allowed and UCO Bank, Delhi High Court Branch is directed to
prematurely discharge the FDRs and release the amount to respondent
no.1 by transferring the same to his savings bank account.
10. The appellant shall deposit the balance award amount with
UCO Bank, Delhi High Court Branch by means of a cheque drawn in
the name of UCO Bank A/c Rakesh Sood within four weeks.
11. Upon the aforesaid deposit being made, UCO Bank shall release
the FDR amount to respondent no.1 by transferring the same to his
savings bank account.
12. Application is disposed of.
13. Copy of this judgment be given dasti to counsel for the parties
under the signature of the Court Master.
NOVEMBER 03, 2016 J.R. MIDHA, J.
dk
