Delhi High Court
The New India Assurance Co Ltd vs Daya Nand & Ors on 6 September, 2017
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 06th September, 2017
+ MAC.APP. 929/2016 and CM 41386/2016
THE NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Mr. J.P.N. Shahi and Ms. Komal
Dhingra, Advocates
versus
DAYA NAND & ORS ..... Respondents
Through: Mr. Sudhanshu Tomar and
Mr.S.H. Khan, Advocates for R-1
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The first respondent suffered injuries in a motor vehicular
accident that occurred on 21.04.2009 in the area of Janakpuri, New
Delhi due to the negligent driving of Wagon-R car bearing registration
no.DL-8CU-0034, admittedly insured against third party risk with the
appellant / insurance company (insurer) for the period in question. On
his claim petition (petition no.77329/2016), the Motor Accident
Claims Tribunal (Tribunal), after inquiry, by judgment dated
27.08.2016, awarded compensation in the total amount of
Rs.21,52,719/-, directing the insurance company to pay the same with
interest at the rate of nine per cent (9%) p.a. from the date of filing of
the petition, this inclusive of Rs.3,25,402/- as loss of earnings during
the period of 54 months when the claimant was under treatment, it
requiring hospitalization for five times during which he underwent
seven surgical interventions and Rs.13,97,184/- awarded towards loss
of future earning capacity on account of the functional disability
which has been assessed to the extent of 90%, both lower limbs
having been crushed, the medical opinion, as per disability certificate
(Ex. PW3/1), being to such effect.
2. The insurer is in appeal pressing it only to question the
calculation of loss of earning during the period of treatment and loss
of earnings in future due to disability on the ground that the tribunal,
though having noted that the minimum wages prevalent on the date of
cause of action were Rs.3,934/-, has factored in the revised wages
which were brought in force over the later period.
3. It is noted that the minimum wages were revised upwards by the
Government of NCT of Delhi with effect from 01.08.2009,
01.02.2010, 01.02.2011, 01.04.2011, 01.10.2011, 01.04.2012,
01.10.2012, 01.04.2013 and 01.10.2013. It is indeed heartening to see
that the tribunal did not compute the loss mechanically and was
vigilant enough to note that the minimum wages had not remained
frozen over the time the judicial scrutiny and process could conclude.
Since the losses suffered include those in future, the revisions till the
award was rendered were considered legitimately. The factoring in of
the revised rate of wages was, thus, just and fair method of calculation
of the loss of earnings and consequently the same cannot be grudged.
4. The appeal, therefore, is found devoid of substance and is
dismissed. The pending application also stands dismissed.
5. By order dated 07.11.2016, the insurance company had been
directed to deposit fifty per cent (50%) of the awarded amount with
up-to-date interest with UCO Bank, Delhi High Court Branch as a pre-
condition to the stay against the execution of the award. The said
amount was directed to be kept in fixed deposit receipt till further
directions were given by the court, though monthly interest being
allowed to be released to the claimant. By subsequent order dated
17.04.2017, some portion of the principal amount of compensation
deposited as above was allowed to be released to the claimant, the
balance held back. The said order was modified further by order dated
27.04.2017 when an amount of Rs.10,00,000/- (Rupees Ten Lakh
Only) was permitted to be released to the claimant. The balance
amount deposited by the insurance company shall now be released to
the claimant.
6. The insurance company will be obliged to satisfy the award
granted by the tribunal in entirety by making requisite deposit with the
tribunal within 30 days.
7. The statutory amount shall be refunded.
8. The appeal and accompanying application are disposed of in
above terms.
R.K.GAUBA, J.
SEPTEMBER 06, 2017
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