Delhi High Court
Icici Lombard General Insurance ... vs Sohan @ Sonu & Ors. on 13 July, 2017
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 13th July, 2017
+ MAC.APP. 547/2013
ICICI LOMBARD GENERAL INSURANCE CO. LTD...... Appellant
Through: Mr. Pankaj Gupta, Adv.
versus
SOHAN @ SONU & ORS. ..... Respondents
Through: Ms. Vriti Jindal and Ms. Amandeep
Kaur, Advs. for R1.
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.13,64,049/- has been awarded to respondent
No.1. The accident dated 01st March, 2010 resulted in fracture of right leg
and right hand to respondent No.1. Respondent No.1 underwent two major
surgeries on his right leg. By the first operation, steel plate was inserted in
his right thigh and by the second operation, fixator was affixed after nailing
from outside. The respondent's right leg remained on plaster for one year
and he suffered 60% permanent disability relating to the right lower limb as
per Ex.PW1/3 issued by AIIMS.
2. The Claims Tribunal awarded Rs.68,172/- towards expenditure of
treatment, Rs.7,000/- towards special diet, Rs.7,000/- towards conveyance
charges, Rs.15,834/- towards loss of income, Rs, 40,000/- towards pain and
suffering, Rs.1,00,000/- towards loss of amenities of life and Rs.1,00,000/-
towards marriage prospects. The Claims Tribunal awarded Rs.10,26,043/-
towards loss of earning capacity by taking the functional disability as 60%,
minimum wages of Rs.5,278/- and 50% towards inflation.
3. Learned counsel for the appellant urged at the time of hearing that the
functional disability and loss of earning capacity has been taken on a higher
side. Respondent No.1 is present in Court and his injuries have been seen.
Respondent No.1 has difficulty in walking due to shortening of his right leg.
Upon examining the present condition of respondent No.1, this Court agrees
that the functional disability has been taken on a higher side. The functional
disability of respondent No.1 is reduced from 60% to 25%. Taking
functional disability of 60%, the income of respondent No.1 as Rs.5,278/-,
adding 50% towards inflation and applying the multiplier of 18, the loss of
earning capacity is computed as Rs.4,27,518/-. The loss of earning capacity
is reduced from Rs.10,26,043/- to Rs.4,27,518/-. The compensation awarded
under the other heads is fair and reasonable and is upheld. Respondent No.1
is entitled to total compensation of Rs.7,65,524/-.
4. The appeal is allowed and the compensation amount is reduced from
Rs.13,64,049/- to Rs.7,65,524/- along with interest @ 9% per annum from
23rd March, 2010 till realisation. The pending applications are disposed of.
5. Respondent no.1 is entitled to Rs.7,65,524/- along with interest @ 9%
per annum from 23rd March, 2010. The interest on Rs.7,65,524/- from 23rd
March, 2010 to 13th July, 2017 is Rs.5,03,280/- as per the calculation done
by the Accounts Officer of this Court. Respondent no.1 is entitled to total
amount of Rs.12,68,804/- (Rs.7,65,524/- + Rs.5,03,280/-).
6. The appellant has deposited a sum of Rs.17,73,712/- on 27th July,
2013 and the said amount is lying in fixed deposit. The Registrar General is
directed to discharge the FDR and release a sum of Rs.12,68,804/- to UCO
Bank, Delhi High Court Branch by means of a cheque drawn in the name of
UCO Bank A/c Sohan @ Sonu. The balance amount along with interest
accrued on the FDR be refunded back to the appellant. The statutory
amount deposited by the appellant be also refunded back to the appellant.
7. Respondent no.1 is present in Court along with passbook of his
savings bank account as well as PAN card and Aadhar card. The particulars
of the savings bank account of respondent no.1 are as under:
Sonu - A/c No.1409219 1017694 with Oriental Bank of Commerce,
G.T. Road, Bahalgarh (1409), IFSC Code:ORBC 0101409, MICR
Code: 110-022-205.
8. Upon receipt of Rs.12,68,804/- by UCO Bank, Delhi High Court
Branch from the Registrar General of this Court, UCO Bank is directed to
keep Rs.11,50,000/- in 100 FDRs of Rs.11,500/- each for the period 1 month
to 100 months in the name of respondent no.1 respectively with cumulative
interest. The balance amount of Rs.1,18,804/- be transferred to the above
savings account of respondent no.1 mentioned above.
9. The maturity amounts of the FDRs along with interest shall be
transferred to the aforesaid individual savings bank account of respondent
no.1.
10. 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
respondents no.1.
11. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
12. No cheque book or debit card be issued to respondents no.1 without
permission of this Court. However, in case, the debit card/cheque book have
already been issued, Oriental Bank of Commerce, G.T. Road, Bahalgarh
shall cancel the debit card and/or cheque book.
13. Respondent no.1 present in Court submits that he has two minor
sisters aged 15 years and 13 years respectively and some amount would be
required at the time of marriage of her sisters. Liberty is given to respondent
no.1 to approach UCO Bank, Delhi High Court Branch for pre-mature
discharge of 20 FDRs each at the time of the marriage of each of his sisters.
Whenever their marriage is fixed, respondent No.1 shall directly approach
UCO Bank, Delhi High Court Branch along with the marriage card and an
affidavit giving the particulars of the date, time and place of the marriage
whereupon UCO Bank, Delhi High Court Branch shall discharge the FDR
and release the amount after 15 days of the marriage. At the time of
discharge of the FDR, respondent No.1 shall deposit the marriage
photographs as well as the second affidavit to confirm that the marriage has
taken place.
14. List for reporting compliance on 28th August, 2017.
15. Copy of this judgment be given dasti to counsel for the parties under
the signature of the Court Master.
16. Copy of this judgment be sent to UCO Bank, Delhi High Court
Branch and Oriental Bank of Commerce, G.T. Road, Bahalgarh for
compliance.
JULY 13, 2017 J.R. MIDHA, J.
ak/dk
