Delhi High Court
Universal Sompo Gen Ins Co Ltd vs Santosh Kumar & Ors on 27 January, 2017
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27th January, 2017
+ MAC.APP. 607/2015
UNIVERSAL SOMPO GEN INS CO LTD ..... Appellant
Through: Mr. Mohammed Mustafa, Adv.
versus
SANTOSH KUMAR & ORS ..... Respondents
Through: Mr. Chandan Malik,
Mr.Randeep Pundir, Advs. for
Respondent no.1 along with
respondent no.1 in person.
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.13,73,297/- has been awarded to
respondent no.1.
2. The accident dated 22nd December, 2012 resulted in grievous
injuries to respondent no.1. Respondent no.1 who was driving the
motor cycle hit the stationary truck bearing No.HR 55K-5737.
3. The injuries suffered by respondent no.1 and the treatment
taken underwent by him are as under:-
S.No. Date and description of Operation/ Days of
procedure hospitalization
(i) 1st Operation (23.12.2012) 22.12.2012 to
Debriment with ligation of facial 2.1.2013 (12 days)
artery, upper and lower eye lid
reconstruction left eye with local flap
Advancement with muscle repair of
anterior aspect of face left side with
repair buccal mucosa done under GA
(ii) 2nd Operation (23.12.2012) -do-
Craniotomy with duroplasty done
under GA
(iii) 3rd Procedure (1.1.2013) -do-
POP Collar Cast given (#lower end of
right radius) by orthopaedic surgeon
(iv) 4th Operation (3.1.2013) 2.1.2013 to 8.1.2013
IMF with orbital floor reconstruction (7 days)
and ORIF of maxilla and mandible
done under GA
(v) 5th Procedure (5.1.2013) -do-
Head suture removed with opinion of
neurosurgeon
(vi) 6th Operation (7.5.2013) 7.5.2013 to 9.5.2013
Orbital floor adhesiolysis with (3 days)
medpore implant augmentation of
floor with contracture release eyelids
with canthoplasty with scar revision
cheek under general anesthesia
(vii) 7th Operation (21.8.2013) 21.8.2013 to
Left Eye enophthalmos with frontal 23.8.2013
bone depression with multiple scars (3 days)
with traumatic mydriasis with lens
subluxation
(viii) 8th Operation (30.8.2014) 30.8.2014 to
Left eye vertical squint correction 31.8.2014
surgery (superior rectus recession:
4mm and inferior rectus resection:
3.5 mm done) under general
anesthesia
(ix) 9th Operation (10.10.2015) 10.10.2015 to
Reinforcement of implant for 11.10.2015 (2 days)
enophthalmos. Left eye orbital floor
fracture repair with Z-plasty with inj.
Botox done under general anesthesia
(x) Treatment is still continue and the
respondent/injured requires surgery
in future also.
4. Respondent no.1 suffered 19% disability in respect of right arm
due to the injuries suffered by him as per disability certificate (Ex.PW-
4/1A).
5. The Claims Tribunal awarded Rs.78,876/- towards loss of
income, Rs.50,000/- towards pain and suffering, Rs.15,000/- towards
attendant charges, Rs.50,000/- towards loss of amenities, Rs.40,000/-
towards conveyance and special diet, Rs.3,77,133/- towards medical
bills, Rs.10,000/- towards loss of expectation of life, Rs.4,02,288/-
towards loss of future earning capacity and Rs.3,50,000/- towards
future medical expenditure. The total compensation awarded is
Rs.13,73,297/-.
6. Learned counsel for the appellant urged at the time of the
hearing that respondent no.1 was contributory negligent as he hit the
stationary truck from behind.
7. Learned counsel for respondent no.1 submits that there was no
contributory negligence on the part of respondent no.1. It is further
submitted that the compensation awarded by the Claims Tribunal is on
a lower side considering the injuries suffered by respondent no.1 and
the treatment taken by him. It is submitted no compensation has been
awarded for disfiguration and loss of matrimonial prospects. It is
further submitted that the compensation awarded under the heads of
pain and suffering, loss of amenities of life as well as loss of earning
capacity warrant enhancement.
8. Respondent no.1 is present in Court and injuries have been
seen.
9. This Court is of the view that respondent no.1 was contributory
negligent to the extent of 30%. However, taking into consideration
that no compensation has been awarded for disfiguration and loss of
matrimonial prospects and the compensation awarded under the heads
of pain and suffering and loss of amenities of life are on a lower side,
the compensation of Rs.13,73,297/- awarded by the Claims Tribunal is
reduced to the extent of 20%. The Claims Tribunal has awarded
interest @ 8% per annum which is on a lower side. The rate of interest
is enhanced to 9% %.
10. The appeal is partially allowed and the compensation awarded
by the Claims Tribunal is reduced from Rs.13,73,297/- to
Rs.10,98,638/- along with interest @ 9% per annum w.e.f. 4th April,
2013 till realization.
11. The appellant has deposited the entire award amount with the
Registrar General of this Court out of which some amount has been
released to respondent No.1 and the balance amount is lying in fixed
deposit.
12. As per the status report of UCO Bank, FDR for Rs.8,84,037/- is
lying in FDR in the name of Registrar General on which monthly
interest is being paid to respondent No.1 from 07th November, 2016. A
sum of Rs.4,76,100/- is lying in FDR in the name of respondent No.1
for 72 months on which the monthly interest is being released to
respondent No.1.
13. The Accounts Officer of this Court shall calculate the amount to
which respondent No.1 is entitled in terms of this judgment. The
report be placed on record on the next date of hearing.
14. List on 22nd February, 2017 at 02:30 P.M.
15. The FDR for Rs.8,84,037/- be retained by the Registrar General
till the next date of hearing. However, with respect to the FDR
No.15530310557891 for Rs.4,76,100/-, UCO Bank, Delhi High Court
Branch is directed to pre-maturely discharge the FDR and release a
sum of Rs.1,76,100/- to respondent No.1 by transferring the same to
his savings bank account No.15530110100110 with UCO Bank,
Nawada Branch, New Delhi-110059. The balance amount of
Rs.3,00,000/- be kept in 20 FDRs of Rs.15,000/- for the period 1
month, 2 months, 3 months, 4 months, 5 months, 6 months, 7
months, 8 months, 9 months, 10 months, 11 months, 12 months,
13 months, 14 months, 15 months, 16 months, 17 months, 18
months, 19 months and 20 months with cumulative interest.
16. The original FDR shall be retained by the UCO Bank. However,
the copy of the same be furnished to the respondent No.1.
17. The maturity amount of FDR be transferred to savings bank
account No.15530110100110 with UCO Bank, Nawada Branch, New
Delhi-110059 of respondent No.1.
18. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
JANUARY 27, 2017 J.R. MIDHA, J.
dk/ak
