Delhi High Court
Gauri Shankar (Through Lrs) vs Jagdish Singh & Anr on 7 November, 2017
$~R-422
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 07th November, 2017
+ MAC APPEAL 1054/2011
GAURI SHANKAR (THROUGH LRs) ..... Appellant
Through: Mr. S.N. Parashar and Ms.
Pankaj Kumari, Advocates
versus
JAGDISH SINGH & ANR ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The original appellant Gauri Shankar was the claimant before
the Motor Accident Claims Tribunal (Tribunal) in an accident claim
case (MACT 658/2006) instituted by him on 14.11.2006. On the basis
of inquiry held, the Motor Accident Claims Tribunal (Tribunal), by its
judgment dated 07.07.2011, held that he had suffered injuries in a
motor vehicular accident that had occurred on 24.08.2006 due to the
negligent driving of Tata Tempo bearing registration no. UP-85M-
9242 by the first respondent, such vehicle being admittedly insured
against third party risk with the second respondent (insurer) for the
period in question.
2. The tribunal found, on the basis of evidence, that the claimant
had suffered functional disability to the extent of 41%. It awarded
compensation in the total sum of Rs.5,24,766/- calculating it thus :-
NON-PECUNIARY DAMAGES
Towards special diet Rs.15,000/-
Towards conveyance allowance Rs.15,000/-
Towards mental pain, agony, loss of Rs.1,00,000/-
amenities of life, happiness, frustration
towards disfigurement and enjoyment of
life keeping in view the age of injured
PECUNIARY DAMAGES
Towards functional disability Rs.1,46,656/-
Towards medical expense Rs.2,28,238/-
Towards not being able to do his duties Rs.19,872/-
for 6 months
3. The insurer has been burdened with the liability to pay the same
with interest.
4. The appeal was filed seeking enhanced compensation. During
the pendency of the appeal, however, the original claimant died on
21.06.2014 and has since been substituted by his legal representatives.
5. The appeal is pressed by the legal representatives of the original
claimant pressing it on the ground that the income of the deceased was
wrongly calculated with the help of minimum wages ignoring the
Income Tax Returns (ITRs) which had been submitted on record.
During the hearing, it was pointed out to the counsel for the appellants
that the award of Rs.1,00,000/- towards mental pain and agony, loss of
amenities of life, etc. being personal in nature, will have to be
discounted in re-calculation of the compensation since the appeal is in
continuation of the proceedings arising out of the claim case. The
learned counsel for the claimant while conceding to this position,
submitted that the error in calculation of the loss of income which
would now be a loss to the estate on account of functional disability,
be corrected.
6. The claimant had submitted on record the copies of the ITRs for
two assessment years, they being AY 2005-2006 and 2006-2007
(pages 92-93 of the tribunal's record). The said ITRs do reflect an
income of Rs.53,441/- during AY 2005-2006 and Rs.86,257/- during
AY 2006-2007 from business. It appears these documents escaped the
notice of the tribunal. There is no good reason why they should be
kept out from consideration. Having regard to the ruling of the
Constitution Bench of the Supreme Court rendered on 31.10.2017 in
SLP (C) 25590/2014, National Insurance Company Ltd. Vs. Pranay
Sethi and Ors., the element of future prospects of increase to the
extent of 10% would deserve to be added.
7. Thus, on the income of Rs.86,257/- for AY 2006-2007, the
element of future prospects of increase to the extent of 10% is added
and the compensation due to loss to estate on account of functional
disability is calculated as [Rs.86,257/- x 110/100 x 41/100 x 9]
Rs.3,50,117/-. Since the tribunal had awarded Rs.1,46,656/- under
this head, the total compensation will need to be increased by
[Rs.3,50,117/- (-) 1,46,656/-] Rs.2,03,461/-.
8. However, the amount of Rs.1,00,000/- as award under the head
of non-pecuniary damages needs to be discounted and, therefore, the
net increase would come to [Rs.2,03,461/- (-) 1,00,000/-]
Rs.1,03,461/- (Rupees One Lakh three thousand four hundred and
sixty one only).
9. The compensation is, thus, increased to [Rs.5,24,766/- +
Rs.1,03,461/-] Rs.6,28,227/-, rounded off to Rs.6,29,000/- (Rupees
Six Lakh and twenty nine thousand only). It is directed that the award
shall carry interest as levied by the tribunal.
10. Since the original claimant had died, the balance of the amount
which is to be paid now, shall be equally apportioned amongst his
legal representatives.
11. The insurer is directed to satisfy the modified award by
requisite deposit with the tribunal within 30 days.
12. The appeal is disposed of in above terms.
R.K.GAUBA, J.
NOVEMBER 07, 2017
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