Delhi High Court
Kalpana Tomar vs Sunil Singh & Ors (New India ... on 25 August, 2017
$~15 & 16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 25th August, 2017
+ MAC.APP. 94/2014
NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Mr. Sanjay Rawat, Advocate
versus
SHRI KALPANA TOMAR & ORS ..... Respondents
Through: Mr. S.N. Parashar and Mr. Sanjeev
Srivastava, Advocates for respondent
No.1
+ MAC.APP. 1050/2014 and C.M. Appl. 18971/2014
KALPANA TOMAR ..... Appellant
Through: Mr. S.N. Parashar and Mr. Sanjeev
Srivastava, Advocates
versus
SUNIL SINGH & ORS
(NEW INDIA ASSURANCE CO LTD) ..... Respondents
Through: Mr. Sanjay Rawat, Advocate for New
India Assurance Co. Ltd.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. Vide award dated 16th November, 2013 the Claims Tribunal awarded
compensation of Rs.24,64,294/- to the injured/claimant, Kalpana Tomar
which is under challenge before this Court. The appellant in MAC. APP.
94/2014 is seeking reduction, whereas the appellant in MAC. APP.
1050/2014 is seeking enhancement of the compensation amount.
2. The accident dated 24th July, 2012 resulted in permanent cognitive
impairment of 40% to Kalpana Tomar. The claimant was aged 47 years at
the time of accident and was self-employed as an interior decorator. The
Claims Tribunal awarded Rs.3,30,000/- towards expenditure on treatment,
Rs.15,000/- towards physiotherapy, Rs.15,000/- towards conveyance,
Rs.15,000/- towards special diet, Rs.4,68,000/- towards nursing/attendant
charges and Rs.50,000/- towards pain and suffering. The Claims Tribunal
took the minimum wages of Rs.7,748/- per month in respect of a semi-
skilled workman, added 30% towards future prospects and applied the
multiplier of 13 to compute the loss of earning capacity as Rs.15,71,294/-.
3. Learned counsel for the appellant in MAC. APP. 94/2014 seeks
reduction of the loss of earning capacity on the ground that the functional
disability of the claimant is not more than 40%. It is further submitted that
the addition of 30% towards the future prospects is not warranted.
4. Learned counsel for the claimant urged at the time of the hearing that
the income of the claimant be taken as Rs.15,000/- per month according to
the Income Tax Returns placed on record. It is further submitted that the
compensation be awarded for loss of amenities of life, disfiguration, loss of
income and treatment. Learned counsel seeks enhancement of the
compensation under the head of pain and suffering.
5. The claimant Kalpana Tomar is present in Court and her condition has
been seen. This Court is of the view that the functional disability of the
injured is 40%. The functional disability taken by the Claims Tribunal is,
therefore, reduced from 100% to 40%. The Claims Tribunal has taken the
minimum wages of a semi-skilled person on the ground that Income Tax
Return for the year 2011-12 was not filed. However, Income Tax Returns
for the years 2006-07, 2007-08, 2008-09, 2009-10, 2010-11 and 2012-13
were on record. In that view of the matter, the income of the claimant
should have been computed by considering the Income Tax Returns on
record. The addition of future prospects @ 30% by the Claims Tribunal
according to the age of the claims is fair and reasonable and does not
warrant any interference. The claimant is entitled to compensation under the
heads of loss of amenities of life as well as disfiguration which has not been
taken into consideration by the Claims Tribunal.
6. Taking all the aforesaid factors into consideration, this Court is of the
view that the reduction of the award amount on the ground of reducing the
functional disability from 100% to 40% would be equal to the enhancement
that would be warranted by taking the higher income of the claimant
according to her Income Tax Returns as well as addition of compensation
under the heads of loss of amenities of life and disfiguration, meaning
thereby that the reduction would neutralize the enhancement under the other
heads. In that view of the matter, the compensation of Rs.24,64,294/-
awarded by the Claims Tribunal does not warrant any interference.
7. Both the appeals are dismissed. Pending application in MAC. APP.
1050/2014 is disposed of.
8. New India Assurance Company Limited has deposited the entire
compensation amount with the Registrar General of this Court in terms of
order dated 29th January, 2014 out of which 75% award amount has already
been released to the claimant and Rs.6,66,836.25 is lying in FDR. The
Registrar General is directed to disburse the said amount to the claimant
Kalpana Tomar by instructing UCO Bank, Delhi High Court Branch as
under: -
(i) Rs.6,00,000/- be kept in 60 FDRs of Rs.10,000/- each in the name of
claimant Kalpana Tomar for the period 1 month to 60 months
respectively with cumulative interest.
(ii) The balance amount, after keeping Rs.6,00,000/- in FDRs, be released
to Kalpana Tomar by transferring the same to her savings bank
account No.18710110031582 with UCO Bank, Dwarka Branch, New
Delhi (IFSC: UCBA0001871).
9. All the original FDRs shall be retained by UCO Bank, Delhi High
Court Branch. However, the statement containing FDR number, FDR
amount, date of maturity and the maturity amount be furnished to claimant
Kalpana Tomar.
10. At the time of maturity, the maturity amount shall be credited to the
aforesaid savings bank account of claimant Kalpana Tomar.
11. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
12. The statutory amount be refunded back to New India Assurance
Company Limited in MAC. APP. 94/2014.
13. Copy of this judgment be given dasti to counsel for the parties under
signatures of the Court Master.
AUGUST 25, 2017 J.R. MIDHA, J.
rsk
