Delhi High Court
Sanjay vs Rafiq Ahmad & Ors. on 29 November, 2017
$~R-591
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 29th November, 2017
+ MAC APPEAL 973/2012
SANJAY ..... Appellant
Through: Mr. S. N. Parashar, Advocate
versus
RAFIQ AHMAD & ORS. ..... Respondents
Through: Ms. Neerja Sachdeva, Advocate
for R-3
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The appellant was the claimant before the tribunal in accident
claim case (Suit No.560/2010) instituted on 06.09.2010 seeking
compensation for the injuries suffered in a motor vehicular accident
that had occurred on 07.08.2010 due to negligent driving of a motor
vehicle bearing registration no.DL-1PA-4839 which was admittedly
insured against third party risk for the period in question with the third
respondent (insurer). On inquiry, the tribunal found, by judgment
dated 09.01.2012, that the injuries suffered by the claimant in the said
accident had rendered him permanently disabled, his functional
disability having been assessed to the extent of 75%. The tribunal
awarded Rs.15,60,000/- as total compensation, this inclusive of
Rs.8,25,000/- towards loss of income and future earnings due to
permanent disability, the liability to pay the compensation so
determined having been fastened on the insurer with interest @ 7.5%
per annum.
2. The appeal seeking enhancement is pressed only on the grounds
that while calculating loss of future income, the element of future
prospects was not factored in and the rate of interest levied is on the
lower side.
3. It is noted that the appellant was 31 years old on the relevant
date. His income was notionally assessed with the help of minimum
wages of an unskilled workman assessed @ Rs.5278/- per month.
Having regard to the ruling of a 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 to the extent of 40% deserves to be added. The loss of
income in future due to disability is recalculated as (5278/- x 140/100
x 75/100 x 12 x 16) Rs.10,64,044.80 rounded off to Rs.10,65,000/-.
4. The tribunal awarded Rs.8,25,000/- under this head. The award
would thus need to be increased by (10,65,000/- (-) 8,25,000/-)
Rs.2,40,000/-. The award is increased to (15,60,000/- + 2,40,000/-)
Rs.18,00,000/- (Rupees Eighteen Lacs only).
5. Following the consistent view taken by this Court, the rate of
interest is 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.].
6. The third respondent is directed to satisfy the enhanced award
by requisite deposit with the tribunal within thirty days, it to be
released in entirety to the claimant in the form of fixed deposit receipt
to be taken out from a nationalized bank for a period of seven years
with right to draw periodic interest.
7. The appeal stands disposed of in above terms.
R.K.GAUBA, J.
NOVEMBER 29, 2017
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