Delhi High Court
The New India Assurance Co Ltd vs Constable Mohar Singh & Ors on 16 October, 2017
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 16th October, 2017
+ MAC.APP. 657/2015 and CM 15866/2015 and 8461/2016
THE NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Ms. Awantika Mahohar, Advocate
versus
CONSTABLE MOHAR SINGH & ORS ..... Respondents
Through: Mr. S.N. Parashar and Ms. Pankaj
Kumari, Advocates for R-1
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The first respondent (claimant), a member of Delhi Police,
suffered injuries in a motor vehicular accident that had occurred on
04.03.2014 when the motorcycle bearing registration no.DL-1SN-
9594 (motorcycle) on which he was on patrolling duty came to be
involved in a collision with another motor vehicle described as Tata
Pickup bearing registration no.UP-13T-8194 (offending vehicle),
admittedly insured against third party risk with the appellant /
insurance company (insurer) for the period in question.
2. On his accident claim case (suit no.173/2014), the Motor
Accident Claims Tribunal (Tribunal) held inquiry and, by judgment
dated 20.05.2015, found a case made out for compensation under
Section 166 of the Motor Vehicles Act, 1988. It awarded
compensation in the total sum of Rs.4,87,824/-, this inclusive of
Rs.3,01,824/- under the head of compensation for loss of salary /
future and directed the insurer to pay the same with interest at the rate
of 9% p.a. excluding certain period (17.09.2014 to 18.11.2014).
3. The insurer is in appeal to question the above mentioned award
of compensation, particularly the award included under the head of
compensation for loss of salary / future. It is pointed out that the said
amount has been calculated by multiplying the monthly salary of
Rs.25,152/- for a period of twelve months without any basis. Reliance
was placed by the insurance company on a reply received under the
Right to Information Act, 2005 from the department where the
claimant has been employed.
4. Against the aforesaid backdrop, directions were given by order
dated 04.08.2017 to the claimant to discover the true facts on oath.
The claimant has filed his affidavit, sworn on 09.10.2017, which is
accompanied by a copy of DD entry no.82B dated 06.03.2014 of
police station Jamia Nagar and translated copy of the DD entry no.35B
dated 05.04.2014 also of police station Jamia Nagar. Having regard to
the declaration made in the affidavit, and the documents filed in
support, it is clear that the claimant was constrained to avail of leave
of absence from duty on medical grounds for a period only of one
month (04.03.2014 to 04.04.2014) on account of the grievous injury
suffered.
5. At the hearing, it is fairly conceded on behalf of the claimant
that he did not suffer any permanent disability. It is also fairly
conceded that besides the leave of absence for one month, no other
loss on account of leave, or salary, was incurred. In these
circumstances, the compensation on account of loss of income cannot
be for more than one month's salary. Thus, instead of Rs.3,01,824/-
under the said head, the award shall include amount of salary for a
period of one month, it being Rs.25,152/-.
6. The compensation is consequently to be reduced by
[Rs.3,01,824/- (-) Rs.25,152/-] Rs.2,76,672/-. It is accordingly
reduced to [Rs.4,87,824/- (-) Rs.2,76,672/-] Rs.2,11,152/-, rounded off
to Rs.2,12,000/- (Rupees Two lakh and twelve thousand only). The
award is modified accordingly. It shall carry interest as levied by the
tribunal.
7. The insurance company had been directed by order dated
19.08.2015 to deposit the entire awarded amount with the Registrar
General and from out of such deposit, 50% was permitted to be
released to the claimant, the balance to be kept in fixed deposit receipt.
The award has been reduced by more than 50%. Therefore, it is clear
that excess has come to be released to the claimant. The counsel for
the claimant, on being asked, submitted that substantial portion would
still be lying in fixed deposit receipt. He undertakes to refund the
excess to the insurance company, which he must do within 30 days.
The balance lying in deposit with the Registry shall be refunded, with
statutory deposit, to the insurance company.
8. The appeal and the pending applications are disposed of in
above terms.
R.K.GAUBA, J.
OCTOBER 16, 2017
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