Delhi High Court
Oriental Ins. Co. Ltd. vs Inaam Singh & Ors. on 6 September, 2017
$~R-166 & 167
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 6th September, 2017
+ MAC APPEAL No. 69/2010
INAAM SINGH ..... Appellant
Through: Mr. S.N. Parashar, Adv.
versus
UPSRTC & ORS. ..... Respondents
Through: Mr. R.B. Shami, Adv. for R-2.
+ MAC APPEAL No. 114/2010
ORIENTAL INS. CO. LTD. ..... Appellant
Through: Mr. R.B. Shami, Adv.
versus
INAAM SINGH & ORS. ..... Respondents
Through: Mr. S.N. Parashar, Adv.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Inaam Singh, appellant in MAC Appeal No. 69/2010, suffered
injuries in motor vehicular accident that occurred on 18.11.2004 due
to negligent driving of bus bearing registration no. UP 81H 9644,
admittedly insured against third party risk with Oriental Insurance
Company Ltd. (appellant in MAC appeal No. 114/2010). He
instituted accident claim case (suit no. 308/2005) on 15.07.2005
seeking compensation for the injuries suffered by him which included
fractured ribs, he having been assessed to be permanently disabled as
per the disability certificate (Ex.P1), the disability evaluated being to
the extent of 50%. The tribunal, however, assessed the functional
disability to the extent of 25% and on that basis awarded total
compensation in the sum of Rs. 1,86,334/-, it inclusive of awards
under the various heads including permanent disability, loss of
income, pain & sufferings, conveyance & special diet and medical
expenses. The liability to pay the compensation was fastened on the
insurer, its plea of breach of terms and conditions of the insurance
policy having been rejected.
2. The claimant is in appeal seeking enhancement pressing only
for increase in the award under the head of pain & suffering on which
account the tribunal granted Rs. 25,000/- only. The insurer is in
appeal reiterating its plea of breach of terms and conditions of the
insurance policy contending that the driving licence (Ex.R2W4/A)
which the driver of the offending vehicle (third respondent) held on
the relevant date had been issued on the basis of document which
purported to be a licence but which, upon inquiry, had been found to
be fake.
3. Having regard to the nature of injuries sustained, consequent
permanent disability suffered as indeed the prolonged treatment of
over one year undergone, the award under the head of pain &
suffering is found to be inadequate. It is increased to Rs. 75,000/-
thereby adding to the award the amount of Rs.50,000/- (Rupees Fifty
Thousand Only). It is directed that the claimant would be entitled to
receive the said enhanced portion of the award with interest @ nine
per cent (9%) per annum from the date of filing of the claim petition
(15.07.2005) till payment.
4. The plea of the insurer for recovery rights must be rejected.
Similar contention was rejected by this Court in identical fact-situation
in New India Assurance Co. Ltd. vs. Sahira & Ors. decided on 13th
July, 2017 with the observation to the following effect:-
"In view of the decision dated 12th July, 2017 in CM(M)
1104/2013 titled as M/s the New India Assurance Co. Ltd.
vs. Sh Zakir Hussain & Anr., the plea based on document
which was used for obtaining license for the period in
question being fake, cannot be accepted, particularly in
absence of any material indicating that the owner of the
vehicle (the person insured) was party to any such
design".
5. The contention of the insurer in its appeal, thus, is rejected.
6. By order dated 24.02.2010 in MAC appeal no. 114/2010, the
insurance company had been directed to deposit the entire awarded
amount with interest with the tribunal. The amount still lying in
deposit shall now be released to the claimant. The insurance company
shall satisfy the enhanced portion of the award by requisite deposit
with the tribunal within 30 days, making it available to be released.
7. Both the appeals are disposed of in above terms.
8. The statutory amount shall be refunded after proof is shown of
the award having been satisfied.
R.K.GAUBA, J.
SEPTEMBER 06, 2017/nk
