National Insurance Co. Ltd. vs Vijender Pal Singh & Ors.
2017 Latest Caselaw 3242 Del

$~1
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                           Decided on: 13th July, 2017
+     MAC APPEAL No. 305/2011 & CM Nos. 6911/2011,
      2853/2015, 17326/2017

      NATIONAL INSURANCE CO. LTD.         ..... Appellant
                   Through: Ms. Neerja Sachdeva, Adv.
                          Versus

      VIJENDER PAL SINGH & ORS.          ..... Respondents
                    Through: Mr. Sunil Kr. Verma, Adv.

CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA

                    JUDGMENT (ORAL)

1. On the accident claim case (MAC No. 192A/2010), accident claims tribunal by judgment dated 09.11.2010 awarded compensation in the sum of Rs. 11,21,324/- with interest in his favour for the injuries and disability suffered, it having been assessed to the extent of 60%. The appellant insurance company, being the insurer of the offending vehicle and burdened with the responsibility to pay, is in appeal challenging the computation on the ground that in calculating the loss of income, the tribunal added the element of 50% of future prospects of increase which was uncalled for. It also submits that it had led evidence to show that the driving license of the offending vehicle was fake and, on that basis, it should have been exonerated or at least recovery rights should have been granted to it.

2. Having heard the learned counsel for the appellant and having gone through the tribunal's record, this Court is of the opinion that the appeal must fail on both counts.

3. The evidence led clearly shows that the claimant was in regular employment of Station Health Organization in Delhi Cantt., though the position in which he was employed was that of safaiwala (Ex.PW- 1/B), it is clear that his employment was regular public service with element of periodic rise in income being built in the conditions. With such irrefutable evidence available, the addition of future prospects of increase cannot be questioned.

4. As regards the plea of breach of terms and conditions of the insurance policy, the observations of the tribunal in (para 17 of) the impugned judgment give sound reasons for its rejection, verification of a wrong license was made and, thus, the evidence adduced is inconsequential.

5. The appeal is, therefore, dismissed.

6. By order dated 04.04.2011, the appellant had been directed to deposit the entire awarded amount with upto date interest with the Registrar General of this Court and out of such deposit 50% was immediately released, the balance kept in fixed deposit receipt. Some further amount was also released by subsequent order.

7. The registry shall now release the balance in terms of the award of the tribunal.

8. Statutory amount shall be refunded.

R.K.GAUBA, J.

JULY 13, 2017/nk