Delhi High Court
Amar @ Amar Kumar Singh vs Bajaj Allianz General Insurance ... on 4 January, 2017
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 04th January, 2017
+ MAC.APP. 590/2015
AMAR @ AMAR KUMAR SINGH ..... Appellant
Through: Mr. Jay Kishor Singh, Adv.
versus
BAJAJ ALLIANZ GENERAL INSURANCE
COMPANY LTD. & ORS ..... Respondents
Through: Mr. Rajat Brar, Adv. for
respondent no.3.
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.1,72,089.57/- has been awarded to the
appellant. The appellant seeks enhancement of the award amount.
2. On 21st June, 2013, the appellant was hit from behind by vehicle
No.DL2W-04245 which resulted in C3 body fracture with fracture of
left C3 lamina. The appellant was admitted in AIIMS Trauma Centre
where he underwent spinal cord surgery in which anterior plating and
rod was placed on spinal cord apart from stitching of twenty five head
injuries. The appellant underwent C3 corpectomy, C2-3 and C3-4
discectomies, iliac crest graft placement and anterior plating followed
by C2 pedicle screws, C3 and C4 lateral mass screws and rod
placement with placement of autologous bone graft for PLF. The
appellant was discharged on 8th July, 2013.
3. The Claims Tribunal referred the appellant to the Medical
Board of Safdarjung Hospital which gave the opinion dated 9 th May,
2014 which is reproduced hereunder:
"The Medical Board held under the chairmanship of
Dr. Vinu Khanna and members opined that this is
case of RTA with diagnosis operated case of C3 Body
Fracture with Fracture of left C3 Lamina which is 11
months old. So, permanent disability cannot be given
because the patient is under the process of recovery."
4. The Claims Tribunal awarded Rs.7,921.57 towards medicine
and treatment, Rs.30,000/- towards conveyance and special diet,
Rs.18,000/- towards attendant charges, Rs.51,168/- towards loss of
income, Rs.50,000/- towards pain and suffering and Rs.15,000/-
towards loss of amenities of life. The total compensation awarded is
Rs.1,72,089.57/-.
5. During the pendency of the appeal, the appellant was again
referred to the Medical Board of Safdarjung Hospital vide order dated
17th August, 2016 in pursuance to which the appellant was examined
by the Board and the permanent disability of the appellant is assessed
as 11% in respect of four limbs. Relevant portions of the medical
report dated 1st September, 2016 is reproduced hereunder:
"The Board is of the opinion that the patent has post traumatic
cervical cord injury with fixated fracture C3, presently having
fair function. He has Permanent Physical Impairment (PPI) of
11% (Eleven Percent) in relation to all four limbs."
6. Learned counsel for the appellant urged at the time of the
hearing that the functional disability of the appellant be taken as 100%
as the appellant is unable to do any work. The appellant seeks loss of
earning capacity by taking his functional disability as 100%. The
appellant also seeks enhancement of compensation under the heads of
medicine and treatment, conveyance and special diet, pain and
suffering, loss of amenities of life, disfiguration and loss of
matrimonial prospects.
7. Learned counsel for respondent no.1 urged that the
compensation awarded by the Claims Tribunal is just, fair and
reasonable. It is further submitted that the functional disability of the
appellant should not be taken more than 11%.
8. The appellant is present in Court along with his counsel and his
condition has been seen. The appellant submits that he is unable to
turn his neck and pick up heavy weights. Considering the injuries
suffered by the appellant namely C3 corpectomy, C2-3 and C3-4
discectomies, iliac crest graft placement and anterior plating followed
by C2 pedicle screws, C3 and C4 lateral mass screws and rod
placement with placement of autologous bone graft for PLF and the
present condition of the appellant, the functional disability of the
appellant is taken as 30%. Taking the income of the appellant as
Rs.8,528/-, applying the multiplier of 18 and taking the functional
disability as 30%, the loss of earning capacity is assessed as
Rs.5,52,614.4/-.
9. The Claims Tribunal has awarded compensation of Rs.50,000/-
towards pain and suffering and Rs.15,000/- towards loss of amenities
of life which are on lower side and warrant enhancement. The
compensation for pain and suffering is enhanced from Rs.50,000/- to
Rs.1 lakh. The compensation of loss of amenities of life is enhanced
from Rs.15,000/- to Rs.40,296/-. Rs.50,000/- is awarded towards
disfiguration and Rs.50,000/- towards loss of matrimonial prospects.
The compensation awarded under the heads of medicines and
treatment, conveyance and special diet, attendant charges as well as
loss of income are fair and reasonable. The appellant is entitled to
total compensation of Rs.9 lakh as per breakup given hereunder:
Loss of Income Rs. 51,168.00
Medicine and Treatment Rs. 7,921.57
Conveyance and special diet Rs. 30,000.00
Attendant charges Rs. 18,000.00
Disfiguration Rs. 50,000.00
Loss of matrimonial prospects Rs. 50,000.00
Pain and suffering Rs. 1,00,000.00
Loss of amenities of life Rs. 40,296.00
Loss of earning capacity Rs. 5,52,614.40
TOTAL Rs. 8,99,999.97
(Rounded of
Rs.9,00,000)
10. The appeal is allowed and the award amount is enhanced from
Rs.1,72,089.57/- to Rs.9 lakh along with interest @ 9% per annum
w.e.f. 10th December, 2015 till realization. The enhanced award
amount be deposited by the appellant with State Bank of India,
District Court Complex, Sector-10, Dwarka, New Delhi-110075 by
means of a cheque drawn in the name of State Bank of India A/c Amar
Kumar Singh.
11. Upon the aforesaid amount being deposited, the State Bank of
India shall release Rs.75,000/- to appellant and keep the balance
amount in 11 FDRs as per details given hereunder:
Sl. Appellant
No. FDR amount in Duration of FDR
percentage
1. 5% 1 Year
2. 5% 2 Years
3. 5% 3 Years
4. 5% 4 Years
5. 5% 5 Years
6. 5% 6 Years
7. 5% 7 Years
8. 5% 8 Years
9. 5% 9 Years
10. 5% 10 Years
11. 50% 10 Years
The last FDR of 50%, on maturity shall be again renewed by issuing 10
FDRs of 5% each for a period of 1 year, 2 years, 3 years, 4 years, 5 years,
6 years, 7 years, 8 years, 9 years and 10 years.
12. The monthly interest on all the FDRs of appellant shall be
credited in his individual savings bank account No.35091139935 with
State Bank of India, District Court Complex, Sector-10, Dwarka, New
Delhi-110075 (IFS Code No.SBIN0011566).
13. At the time of maturity, the fixed deposit amount shall be
automatically credited in the individual savings bank account of the
appellant.
14. All the original FDRs shall be retained by State Bank of India.
However, the photocopies of the same shall be provided to the
appellant.
15. No cheque book or debit card be issued to the
claimants/respondents without permission of this Court.
16. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
17. Copy of this judgment be given dasti to counsels for the parties.
JANUARY 04, 2017 J.R. MIDHA, J.
dk
