Delhi High Court
Girish Kumar Shukla vs Mohd. Waseem & Ors on 10 November, 2017
$~R-457
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 10th November, 2017
+ MAC.APP. 153/2012
GIRISH KUMAR SHUKLA ..... Appellant
Through: Mr. O.P. Mainee, Adv.
versus
MOHD. WASEEM & ORS ..... Respondents
Through: Mr. J.P. N. Shahi, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The appellant, then 46 years old, had suffered injuries in a
motor vehicular accident that took place on 07.10.2009, due to
negligent driving of bus bearing registration no. DL 1PB 6076, which
was admittedly insured against third party risk with the third
respondent (insurer) for the period in question. The injuries suffered
included compound grade III fracture of both bones of the right leg.
The treatment that was undergone included surgical procedure
wherein the fracture was treated with fixation of external fixator
besides skin grafting. The tribunal found in the inquiry that the
claimant has been rendered permanently disabled, his functional
disability being assessed to the extent of 21%. It also returned a
finding that the accident was caused due to negligent driving of the
bus by the first respondent, awarded compensation in the total sum of
Rs. 5,98,650/-, fastening the liability on the insurer to pay, though
granting it recovery rights against the second respondent (insured) for
the reason the first respondent was not holding a valid or effective
driving licence at the time of the accident. The compensation
includes, Rs. 2,26,044/- towards loss of earning capacity on account of
disability arising from the injuries and Rs. 1,16,573/- towards medical
expenditure.
2. The appeal seeking enhancement is pressed by the claimant on
the ground that in calculating the future earnings due to disability, the
tribunal did not add the element of future prospects of increase in
income. It is noted that the claimant was in service of a private
company at a salary of Rs. 6900/- per month. Having regard to the
terms and conditions of engagement (as proved by appointment letter
Ex.PW-3/5) it is clear that the employment was regular and
permanent. Having regard to the age at which the disability was
suffered, the future prospects to the extent of 30% deserve to be added
[see judgment 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.].
3. Thus, the loss of earning capacity due to disability is
recalculated as (6900 x 130 ÷ 100 x 21 ÷ 100 x 12 x 13) Rs.
2,93,857.20 rounded off to Rs. 2,93,857/-. In this view, the amount of
compensation under this head needs to be increased by (2,93,857/-
2,26,044/-) Rs. 67,813/-.
4. The learned counsel for the appellant then points out that the
claimant had also shown by additional evidence led during the
proceedings arising out of the appeal, the statements of the appellant
himself (AW-2) and of Vinod Kumar (AW-1) record incharge of Ram
Lal Kundan Lal Orthopaedic Hospital that the appellant has undergone
further surgical procedure during 14.12.2012 for removal of the
implant incurring further medical expenditure of Rs. 41,107/-,
(Ex.AW-2/1 to AW-2/7). The said amount of Rs. 41,107/-, thus,
deserves to be granted additionally towards further medical
expenditure.
5. For the foregoing reasons, the award is increased to (5,98,650 +
67,813 + 41,107) Rs. 7,07,570/-, rounded off to Rs. 7,08,000/-
(Rupees Seven Lakhs Eight Thousand Only).
6. Following the consistent view taken by this Court, the rate of
interest is increased to 9% (nine percent) per annum from the date of
filing of the petition till realization. [see judgment dated 22.02.2016
in MAC.APP. 165/2011 Oriental Insurance Co Ltd v. Sangeeta Devi
& Ors.].
7. The award is modified accordingly. The third respondent
(insurer) is directed to satisfy the enhanced award by requisite deposit
with the tribunal within thirty days. It is made clear that this will not
disturb the recovery rights already granted to the insurer.
8. The appeal is disposed of in above terms.
R.K.GAUBA, J.
NOVEMBER 10, 2017
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