National Insurance Company Ltd. vs Rishi Sharma & Ors.
2017 Latest Caselaw 6870 Del

$~R-608
     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    Decided on: 30th November, 2017
+    MAC. APPEAL No.1053/2012

     NATIONAL INSURANCE COMPANY LTD. ..... Appellant
                  Through: Ms. Harsh Lata Advocate for
                           Ms. Shantha Devi Raman,
                           Advocate
                  versus

     RISHI SHARMA & ORS.           .....Respondents
                  Through: Nemo.
     CORAM:
     HON'BLE MR. JUSTICE R.K.GAUBA

                   JUDGMENT (ORAL)

1. The appellant insurance company on which the liability to pay the compensation has been fastened in favour of the first respondent (claimant) by the tribunal, by judgment dated 09.08.2012, passed on the accident claim case (Petition No.350/10) instituted on 01.06.2010 for compensation on account of injuries suffered by the first respondent in a motor vehicular accident that had occurred on 04.05.2010, due to negligent driving of car bearing registration No.DL-2CS-3083, which was admittedly insured against third party risk for the period in question with the appellant (insurer), questions the award, which includes Rs.11,47,553/- on account of loss of future income on the functional disability assessed at 9.5% on the ground

that such inclusion was improper after factoring in the element of future prospects of increase in income to the extent of 50%.

2. The argument does not appeal to this court in view 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.

3. The appeal is, thus, dismissed.

4. By order dated 21.09.2012, the insurance company had been directed to deposit forty per cent (40%) of the awarded amount with proportionate interest with UCO Bank, Delhi High Court Branch, New Delhi. By subsequent order dated 12.02.2013, the deposited amount was released to the claimant.

5. The insurer is directed to deposit the balance of its liability with upto date interest with the tribunal within thirty days, making it available to be released to the claimant in terms of the impugned award.

6. The statutory deposit shall be released to the insurer after the proof of award having been satisfied is shown.

7. The appeal along with pending application stand disposed of in above terms.

R.K.GAUBA, J.

NOVEMBER 30, 2017 vk