Rajeshwari vs Papu Sahani & Ors
2017 Latest Caselaw 6832 Del

$~R-587
     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                            Decided on: 29th November, 2017
+        MAC. APPEAL 952/2012

         RAJESHWARI                                           ..... Appellant
                                 Through:     Mr. S.N. Parashar, Advocate.

                                 versus

         PAPU SAHANI & ORS                                   .....Respondents
                      Through:                Mr. A.K. Soni, Advocate for
                                              R-3.
         CORAM:
         HON'BLE MR. JUSTICE R.K.GAUBA


                        JUDGMENT (ORAL)

1. The appellant was 39 years old, earning her livelihood as a maid servant, when she suffered injuries in a motor vehicular accident, that occurred on 18.07.2010 due to negligent driving of tempo bearing registration No. DL-1LG-9915, which was insured against third party risk with the third respondent for the period in question. On her accident claim case (Suit No. 1091/10), instituted on 21.08.2010, after inquiry the Tribunal rendered its judgment dated 02.02.2012, awarding compensation in the sum of Rs.4,62,000/- directing the insurer to pay with interest at the rate of 9% per annum, calculating it thus:-

       S.No. Heads                                   Compensation
      1.       Medical expenses                     Rs.35,000/-
      2.       Future expenses                      Rs.15,000/-

3. Pain & Sufferings and Enjoyment Rs.50,000/-

of Life

4. Special diet, conveyance charges Rs.15,000/-

      5.       Attendant charges                    Rs.10,000/-
      6.       Loss of Income                       Rs.32,000/-
      7.       Future Loss of Income                Rs.2,85,000/-
      8.       Loss of Amenities                    Rs.20,000/-

2. The appeal at hand is filed and pressed with the grievance that in calculating the future loss of income due to functional disability assessed at 30% the Tribunal did not include the element of future prospects. The claimant also seeks enhanced non-pecuniary damages under the heads of pain and suffering and loss of amenities of life.

3. Following 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 of increase in income to the extent of 40% deserves to be added. Thus, the loss of future income due to disability is re- computed as (5278 X 140/100 X 30/100 X 12 X 15) Rs.3,99,016.80 rounded off to Rs.4,00,000/-.

4. Having regard to the fact that the claimant had suffered pelvic fracture with haemo and pneumoperitoneum left renal injury and had to undergo prolonged treatment and also keeping in mind the

aftermath suffered, the awards under the heads of pain and suffering and loss of amenities of life are increased to Rs.75,000/- each.

5. Putting together all the heads of damages including on other counts as calculated by the Tribunal, the total compensation comes to (35,000 + 15,000 + 75,000 + 15,000 + 10,000 + 32,000 + 4,00,000 + 75,000) Rs.6,57,000/- (Rupees Six Lakhs and Fifty Seven Thousand Only). The award is enhanced accordingly. It shall carry the interest as levied by the Tribunal.

6. The third respondent (insurer) is directed to satisfy the enhanced award with requisite deposit before the Tribunal within 30 days, such amount to be released to her in the form of interest bearing fixed deposit receipt taken out from a nationalized bank for a period of ten years with right to draw periodic interest.

7. The appeal stands disposed of accordingly.

R.K.GAUBA, J.

NOVEMBER 29, 2017 srb