Delhi High Court
United India Insurance Co Ltd vs Prabha Sarkar & Ors on 7 September, 2016
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 07th September, 2016
+ MAC.APP. 11/2014
24 UNITED INDIA INSURANCE CO LTD ..... Appellant
Through: Mr. Suman Bagga, Adv.
versus
PRABHA SARKAR & ORS ..... Respondents
Through: Mr. Manoj Sharma, Adv.
Mr. Raj Kumar Roy, Adv. for R2.
+ MAC.APP. 51/2014
25 PRABHA SARKAR ..... Appellant
Through: Mr. Manoj Kumar, Adv.
versus
CHANDRESHWAR RAI & ORS ..... Respondents
Through: Mr. Suman Bagga, Adv. for Insurance
Company.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The Claims Tribunal has passed an award for Rs.6,14,173/- which is
under challenge by both the parties.
2. On 04th October, 2010, Protima Sarkar was crossing road near Dhaula
Kuan Metro Station, Dhaula Kuan when she was hit by Tata Indigo taxi
bearing No.DL-1RX-3446 which resulted in grievous injuries. She suffered
head injury and fracture in Cervical Spine Type II DENS and Dorsal Spine
(D5 burst fracture). She underwent Odontoid Screw fixation with D5
Laminectomy with D4-6 pedicle screw and rod fixation using Medtronic
Odontoid screw and Synthes 4 screws implant. She was removed to AIIMS
Trauma Centre where she remained till 14th October, 2010. Protima Sarkar
did not recover from the injuries suffered and died on 10th May, 2011. She
was survived by her mother who filed the claim petition before the Claims
Tribunal. The deceased aged 21 years was unmarried and was working as a
maid servant at the time of accident.
3. The Claims Tribunal took minimum wages of Rs.5850/- in respect of
a non-matriculate, deducted 50% towards her personal expenses and applied
multiplier of 14 according to the age of the mother to compute the loss of
dependency as Rs.4,91,400/-. The Claims Tribunal awarded Rs.62,773/-
towards expenditure on treatment, Rs.25,000/- towards loss of love and
affection, Rs.25,000/- towards funeral expenses and Rs.10,000/- towards
loss of estate. The total compensation awarded by the Claims Tribunal is
Rs.6,14,173/-.
4. Learned counsel for the appellant urged that at the time of the hearing
that Protima Sarkar did not die of the injuries suffered in the accident but
because of HIV and Tuberculosis. There is no merit in this contention. PW-
3, Dr. Subikas Biswas, Associate Professor of Surgery in the College of
Medicines and J.N.M Hospital, WBUHS, Kalyani, Nadia, West Bengal
clearly denied the suggestion of the appellant that Protima Sarkar died due
to the complications of HIV positive and not from the injuries sustained in
the accident. That apart, injuries suffered by Protima Sarkar were grave and
there is no evidence on record that she had recovered from the injuries.
There is no merit in the appellant's contention that there is no connection
between the injuries suffered and her death. This Court is of the view that
the injuries suffered by her were serious and she had not recovered till her
death.
5. Learned counsel for the appellant in MAC.APP.51/2014 is seeking
enhancement of the compensation on the ground that future prospects be
taken into consideration for computation of loss of dependency. It is further
submitted that the compensation for loss of love and affection be enhanced.
Learned counsel further urged that the interest be enhanced from 7.5% to
9%. Learned counsel seeks compensation towards conveyance, special diet
and attendant charges during the period when the injured was alive.
6. There is merit in the contention raised by the learned counsel for the
claimant. Protima Sarkar suffered injuries in the accident dated 04th
October, 2010 which resulted in her death on 10th May, 2011. No
compensation has been awarded to her towards the expenses incurred on
conveyance, special diet as well as attendant charges. Rs.50,000/- is
awarded to the claimant as compensation under the heads of special diet,
conveyance and attendant charges. The Claims Tribunal has awarded
compensation of Rs.25,000/- towards loss of love and affection which is on
a lower side. The same is enhanced to Rs.1,00,000/-. The Claims Tribunal
awarded Rs.10,000/- towards loss of estate which is also enhanced to
Rs.1,00,000/-. The compensation awarded by the Claims Tribunal is
enhanced by Rs.2,15,000/-.
7. The Claims Tribunal has awarded interest @ 7.5% which is on a
lower side. Considering that the Supreme Court has consistently awarded
interest of 9%, the rate of interest is enhanced form 7.5% to 9%.
8. MAC Appeal No.51/2014 is allowed and the award amount is
enhanced from Rs.6,14,173/- to Rs.8,29,173/- along with interest @ 9% per
annum from the date of filing of the claim petition till realisation. MAC
Appeal No. 11/2014 is dismissed.
9. The enhanced amount be deposited by United India Insurance
Corporation Limited with UCO Bank, Delhi High Court Branch by means of
a cheque drawn in the name of UCO Bank A/c Prabha Sarkar within four
weeks.
10. Upon the aforesaid amount being deposited, UCO Bank shall keep the
said amount in fixed deposit in its own name till further order by this Court
so that the amount starts earning interest from the date of the clearance of
the cheque.
11. The disbursement order shall be passed on the next date of hearing
after examining the Prabha Sarkar who shall remain present in Court on the
next date of hearing along with particulars of her savings bank account near
her residence.
12. List for directions on 24th October, 2016.
13. The statutory deposit be refunded back after the deposit of the
enhanced award amount by the insurance company. The UCO Bank shall
file a proof of deposit along with computation of interest on affidavit within
one week of the deposit, whereupon the Accounts Officer shall verify the
computation before releasing the statutory deposit.
14. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
J.R. MIDHA, J.
SEPTEMBER 07, 2016
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