Delhi High Court
Bajaj Allianz General Insurance ... vs Tarun Jain & Ors. on 27 November, 2017
$~R-569
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 27th November, 2017
+ MAC.APP. 882/2012 and CM APPL.13995/2012 (stay)
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
..... Appellant
Through: Nemo.
Versus
TARUN JAIN & ORS. ..... Respondents
Through: Nemo.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The first respondent (claimant), then aged 19 years, suffered
injuries in a motor vehicular accident that occurred on 21.06.2010 due
to negligent driving of Innova car bearing registration no.KA-03-ME-
8316, which was admittedly insured against third party risk for the
period in question with appellant (insurer). On his accident claim case
(MACT No.35/2011) instituted on 28.01.2011, the tribunal held
inquiry and, by judgment dated 14.05.2012, awarded total
compensation in the sum of Rs.4,33,871/-, calculating it thus:-
Sl. Heads Amount
No. (in Rs.)
1. Medical bills 1,83,037/-
2. Future medical expenses 50,000/-
3. Special diet 25,000/-
4. Conveyance charges 10,000/-
5. Loss of income 15,834/-
6. Pain, suffering, inconvenience, frustration 1,50,000/-
and loss of temporary amenities, etc.
Total 4,33,871/-
2. The liability to pay the above mentioned awarded amount was
fastened on the insurer (appellant) with interest @ 9% per annum, this
along with counsel fee and out of pocket expenses in the sum of
Rs.31,000/- and Rs.4,000/- respectively being payable to the counsel
for the claimant.
3. The appeal assailing the aforesaid judgment was filed by the
insurer submitting that the award is excessive. It was put in the list of
'Regulars' as per order dated 19.02.2016. When it is called out for
hearing, there is no appearance on behalf of either party. The record
has been perused.
4. It is noted that in the pleadings the claimant had stated that he
had suffered multiple grievous injuries all over the body, the after
effects whereof include loss of memory and possible disability in the
right lower limb. He relied, inter alia, on the record of the
corresponding criminal case which includes copy of the medical legal
certificate which was prepared in Bhagwan Mahavir Hospital, Pitam
Pura confirming that the injuries included grievous ones including that
in the right lower limb, the forehead of the claimant having suffered
blunt impact. The diagnostic process revealed diffuse axonal injury
with multiple small hemorrhages (page 975 of the tribunal's record).
Though the evidence adduced shows prolonged medical treatment,
there is nothing on record indicating any permanent impairment
suffered.
5. In the facts and circumstances of the case, the damages awarded
by the tribunal are not found to be excessive. There, however, being
no justification for such inclusion, the directions for payment of
counsel fee and out of pocket expenses are set aside.
6. With the above modification in the impugned judgment, the
appeal stands disposed of.
7. By order dated 17.08.2012, the insurance company had been
directed to deposit seventy five per cent (75%) of the awarded amount
(excluding counsel fee and out of pocket expenses). By subsequent
order dated 17.05.2013, sixty per cent (60%) of the deposited amount
was released to the claimant. The registry shall now release the
balance lying in the deposit to the claimant with accrued interest.
8. The insurance company will be obliged to satisfy the remainder
of the award by requisite deposit with the tribunal within thirty days.
9. In view of the absence of insurance company at the hearing, the
statutory deposit is forfeited as costs in favour of Delhi High Court
Legal Services Committee.
R.K.GAUBA, J.
NOVEMBER 27, 2017
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