Delhi High Court
Sher Singh vs Vinod Pandey & Ors. on 25 July, 2017
$~R-91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 25th July, 2017
+ MAC.APP. 413/2009
SHER SINGH ..... Appellant
Through: Mr. S.N. Parashar, Advocate
versus
VINOD PANDEY & ORS. ..... Respondents
Through: Mr. Pankaj Gupta, Advocate for
Ms. Suman Bagga, Advocate
for R-2.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The appellant, a qualified Ayurveda Physician, having taken
voluntary retirement from service, then aged 67 years, had suffered
injuries in a motor vehicular accident that occurred on 15.06.2014 on
account of negligent driving of scooter no.DL-5SS-2673, which was
admittedly insured against third party risk for the period in question
with the second respondent herein. He filed accident claim (MACT
No.552/08/2004) on 20.09.2004 seeking compensation. His claim
based on fault liability was accepted by the judgment dated
21.01.2009 and award of Rs.72,400/- was made with interest in his
favour, the liability being fastened against the second respondent.
2. By way of present appeal he has sought enhancement of the
compensation.
3. The impugned award shows that the tribunal noted the evidence
that the appellant had suffered fracture of tibia and fibula bones and,
thus, required hospital treatment from 27.07.2004 to 04.08.2004. The
injuries, however, left permanently disabled, this being proved by
disability certificate Ex.X1, issued by board of doctors of GTB
hospital on 21.09.2005. As per the said disability certificate, he suffers
from locomotor disablement which is assessed to be 37% in relation to
left lower limb, it being non-progressive but not likely to improve and,
thus, permanent.
4. The tribunal awarded lumpsum amount of Rs.50,000/- towards
loss of income on account of permanent disability, pain and agony,
etc. and added Rs.22,350/- which was proved to be the expenditure
incurred for treatment.
5. Indeed, the loss of earnings on account of disability should also
have been separately assessed. The disability of 37% in relation to left
lower limb, in view of age, nature of avocation and the after-effect
may be taken as 15% functional disability so as to result in loss of the
earning capacity. Since the claimant was 67 years old at the relevant
point of time, the loss of future income on this account may be
calculated with the multiplier of 5 on the assumed income of
Rs.3623/- per month, as would be minimum wages for graduates at the
relevant point of time. The loss of future income, by this reckoning
comes to (3623/- x 15/100 x 12 x 5) Rs.32,607/-.
6. Keeping in view the advanced age of the claimant, and the
lasting effect that the disability would have on the quality of his
remaining life, the lumpsum award of Rs.50,000/- under the non-
pecuniary heads is increased to Rs.60,000/-.
7. The total compensation, thus, comes to (32,607/- + 60,000/- +
22,350/-) Rs.1,14,957/- which is rounded off to Rs.1,15,000/-.
8. The award is modified accordingly. Needless to add, it shall
carry interest as levied by the tribunal.
9. The second respondent (insurance company) is directed to
satisfy the modified award by requisite deposit with the tribunal within
thirty days, making it available to the claimant.
10. The appeal is disposed of in above terms.
11. Dasti.
R.K.GAUBA, J.
JULY 25, 2017
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