Delhi High Court
Wazir Singh vs The New India Assurance Co. Ltd. & ... on 24 August, 2017
$~R-139
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 24th August, 2017
+ MAC APPEAL No. 582/2009
WAZIR SINGH ..... Appellant
Through: None.
versus
THE NEW INDIA ASSURANCE CO. LTD. & ORS
.... Respondents
Through: Mr. D.K. Sharma, Adv. for R-1.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
MAC APPEAL No. 582/2009
1. The appellant, engaged in the business of tea shop, then aged 43
years, suffered injuries in a motor vehicular accident that occurred on
27.06.2005, due to negligent driving of a three wheeler scooter
bearing registration no. HR 693824, which was admittedly insured
against third party risk with the first respondent (insurer) for the
period in question. He instituted accident claim case (suit no.
126/2007) on 22.09.2005, claiming compensation, pleading that he
had been rendered permanently disabled. The tribunal held inquiry
and, by judgment dated 17.09.2008, granted compensation in the sum
of Rs. 2,44,500/- with interest in his favour, computing thus:-
(i) Medical Treatment : Rs. 1,00,000/-
(ii) Conveyance : Rs. 15,000/-
(iii) Special Diet : Rs. 10,000/-
(iv) Loss of Income : Rs. 49,500/-
(v) Pain & Agony : Rs. 30,000/-
(vi) Loss of Amenities of Life : Rs. 5,000/-
(vii) Attendant Charges : Rs. 9,000/-
(viii) Loss of Earning Capacity : Rs. 26,000/-
Total : Rs. 2,44,500/-
2. The liability was fastened on the insurer. The claimant has come
in appeal seeking enhancement, the prayer being resisted by the
insurer.
3. For the reason set out in the application, ( CM No. 17308/2009),
CM
the delay is condoned and the application to that effect allowed.
4. The appeal was directed to be shown in the list of 'regulars' as
per order dated 31st May, 2011. When it is taken up for hearing, there
is no appearance for the appellant. Arguments of the insurer have
been heard and record perused.
5. The contention in the appeal about inadequate compensation on
account of loss of income due to disability and under certain heads of
damages appears to be correct. While the judgment of the tribunal,
based on the evidence of Dr. S.P. Sharma (PW-2) to the effect that the
claimant had suffered permanent disability to the extent of 5% of
shortening of left lower limb, does not call for any interference, the
calculation of compensation of loss of income on that account being
appropriate, there is indeed deficiency in the award under the heads of
pain & agony and loss of amenities of life at Rs. 30,000/- and Rs.
5,000/- only.
6. Having regard to the nature of injuries, and the after effect
suffered, the said amounts are increased to Rs. 50,000/- each. This
would mean there is to be a net increase in the compensation by a sum
of Rs. 65,000/-. (Rupees sixty five thousand only).
7. Ordered accordingly.
8. Needless to add, such additional amount shall be payable with
interest as levied by the tribunal.
9. The insurance company (first respondent) is directed to deposit
the above said enhanced portion of the amount with interest with the
tribunal within thirty days, making it available to be released.
10. The appeal is disposed of in above terms.
11. Dasti.
R.K.GAUBA, J.
AUGUST 24, 2017
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