Delhi High Court
National Insurance Co. Ltd. vs Mohan Lal & Ors. on 16 November, 2017
$~R-497
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 16th November, 2017
+ MAC.APP. 443/2012
NATIONAL INSURANCE CO. LTD. .... Appellant
Through: Mr. Pankaj Seth, Adv.
versus
MOHAN LAL & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The first respondent (the claimant) had instituted accident claim
case (MACT Case No. 296/10/07) on 15.11.2007 seeking
compensation under Section 166 of Motor Vehicles Act, 1988 for
injuries suffered by him in motor vehicular accident that took place on
10.10.2007 involving negligent driving of bus bearing registration no.
DL 1PB 1350, admittedly insured against third party risk with the
appellant (insurer) for the period in question. After inquiry, the
tribunal, by judgment dated 19.01.2012, accepted the case for
compensation holding the bus driver responsible. It computed
compensation in the total sum of Rs. 7,71,284/-, calculating it thus:-
Sl.No. Heads Compensation
1. Loss of income Rs. 10,548/-
2. Loss of earning capacity Rs. 4,60,736/-
3. Special diet Rs. 10,000/-
4. Conveyance charges Rs. 20,000/-
5. Attendant charges Rs. 20,000/-
6. Pain & sufferings Rs.1,00,000/-
7. Loss of amenities and enjoyment of life Rs. 1,00,000/-
8. Future medical expenses Rs. 50,000/-
TOTAL Rs. 7,71,284/-
2. The liability to pay compensation with interest @ 7.5% per
annum has been fastened against the insurer which is in appeal to
question the calculation of the award.
3. The appeal was admitted and put in the list of 'regulars' as per
order dated 02.11.2012. When it is taken up for hearing, there is no
appearance on behalf of the claimant.
4. The learned counsel for the insurance company has been heard
and with his assistance record perused.
5. The appeal is pressed at the hearing to question the inclusion of
element of future prospects of increase to the extent of 50% over and
above the income notionally assessed with the help of minimum
wages (Rs.3516/-) for calculating the loss of earning capacity due to
functional disability evaluated at 52%.
6. 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., taking
in view the fact that the claimant was 43 years old at the relevant point
of time, future prospects will have to be restricted to 25%.
7. Thus, loss of future earning on account of functional disability
is recomputed as (3516 x 125 ÷ 100 x 52÷ 100 x 12 x 14) Rs. 3,83,
947/-. The award under this head is liable to be reduced by (4,60,736
- 3,83,947) Rs. 76,789/-.
8. The total compensation in the case is reduced to (7,71,284 -
76,789) Rs. 6,94,495/-, rounded off to Rs. 6,95,000/-
(Rupees Six Lacs and Ninety Five Thousand Only).
9. Following the consistent view taken by this Court, the rate of
interest is, however, increased to 9% 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.]
10. By order dated 27.04.2012, the insurance company had been
directed to deposit the entire awarded amount with upto date interest
with interest with UCO Bank, Delhi High Court Bank. By subsequent
order 02.11.2012, 75% of the deposited amount was permitted to be
released to the claimant. The registry shall now calculate the balance
payable to the claimant under the modified award and release the
same, refunding the excess, if any, in deposit with the corresponding
interest to the insurance company along with statutory deposit.
11. The appeal is disposed of in above terms.
R.K.GAUBA, J.
NOVEMBER 16, 2017/nk
