Delhi High Court
The New India Assurance Company ... vs Satpal & Ors. on 29 November, 2017
$~R-584
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 29th November, 2017
+ MAC APPEAL 936/2012 and CM 14760/2012
THE NEW INDIA ASSURANCE COMPANY
LTD. ..... Appellant
Through: Mr. Sameer Nandwani,
Advocate
versus
SATPAL & ORS. ..... Respondents
Through: Mr. Sanjeev Srivastava, Adv.
for R-1
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The first respondent (claimant) had suffered injuries in a motor
vehicular accident that took place on 25.02.2008 due to negligent
driving of a motor vehicle described as Tata Sumo bearing
Registration no.DL-3CW-6021 which was admittedly insured against
third party risk for the period in question with the appellant (insurer).
On his accident claim case (MACT 894/2008), instituted on
09.04.2008, the tribunal awarded compensation in the sum of
Rs.6,49,041/-, by judgment dated 12.07.2012, and directed the insurer
to pay with interest at the rate of 7.5% p.a. The said amount having
been calculated thus :-
Loss of income on permanent Rs.3,96,724/-
disability
Medicines and treatment Rs.1,52,317/-
Pain and suffering Rs.50,000/-
Special diet and conveyance Rs.25,000/-
Loss of amenities Rs.25,000/-
TOTAL Rs.6,49,041/-
2. The loss of income due to permanent functional disability is
assessed on the evaluation that the claimant suffered from permanent
disability in the right lower limb to the extent of 65%.
3. The insurer by the appeal at hand questions the said evaluation
arguing that it could not be more than 50%.
4. The learned counsel for the claimant at the hearing conceded
that the loss of future income due to functional disability may be
awarded on the evaluation of functional disability restricted at 50%.
He, however, submitted that the awards under the non-pecuniary
heads of pain and suffering and loss of amenities are inadequate and
that there is deficiency in the award since there is no compensation
granted for loss of disfigurement and the rate of interest levied being
low.
5. It is noted that the tribunal has committed an error by not
including the element of future prospects which will have to be
factored in on account of 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. to the
extent of 25%.
6. The disability emanates from shortening of the right leg.
Having regard to the nature and extent of such disability, the joint
submission of both sides about the functional disability is accepted
and the award for loss of income on this account is accordingly re-
computed as [Rs.3,633/- x 125/100 / 2 x 12 x 14] Rs.3,81,465/-.
7. Having regard to the nature of the injuries sustained, the
permanent disability suffered and the prolonged treatment undertaken,
the awards under the heads of pain and suffering and loss of amenities
are increased to Rs.75,000/- each. Besides the said awards, an amount
of Rs.75,000/- is added towards dis-figurement.
8. Putting together all the heads of damages including on other
counts granted by the tribunal, the total compensation in the case
comes to [Rs.3,81,465/- + Rs.1,52,317/- +Rs.75,000/- + Rs.25,000/- +
Rs.75,000/- +Rs.75,000/-] Rs.7,83,782/-, rounded off to Rs.7,84,000/-
(Rupees Seven lakh and eighty four thousand only).
9. As pointed out by the counsel for the claimant, the rate of
interest is on the lower side. 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.]
10. In the above facts and circumstances, the award instead of being
decreased deserves to be increased. Ordered accordingly.
11. By order dated 27.08.2012, the insurance company had been
directed to deposit the entire awarded amount with up-to-date interest
with UCO Bank, Delhi High Court branch and by a subsequent order
dated 07.12.2012, seventy five percent (75%) was permitted to be
released to the claimants. The balance lying in deposit with accrued
interest shall also be released to the claimant. The insurance company
is directed to satisfy the enhanced award by requisite deposit with the
tribunal within 30 days.
12. The statutory amount shall be forfeited as costs in favour of
Delhi High Court Legal Services Committee and shall be accordingly
made over.
13. The appeal and the pending application are disposed of in above
terms.
R.K.GAUBA, J.
NOVEMBER 29, 2017
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