Delhi High Court
United India Ins. Co. Ltd. vs Wasim Ahmad & Ors. on 13 September, 2017
$~R-200
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 13th September, 2017
+ MAC APPEAL No. 277/2010
UNITED INDIA INS. CO. LTD. ..... Appellant
Through: Mr. P. Acharya for Mr. K.L.
Nandwani, Adv.
Versus
WASIM AHMAD & ORS. ..... Respondents
Through: Mr. R. K. Bachchan, Adv. for
R-1.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The first respondent sustained injuries and suffered consequent
permanent disability on account of motor vehicular accident that
occurred on 01.07.2006 at about 7:30pm due to negligent driving of
three wheeler scooter bearing registration No. DL 1RF 1194,
admittedly insured against third party risk with the appellant insurance
company. He instituted accident claim case (suit no. 743/2006) on
11.12.006 seeking compensation under Sections 166 and 140 of Motor
Vehicles Act, 1988. The Tribunal awarded compensation in the total
sum of Rs. 4,60,535/- and directed the insurance company to pay with
interest, calculating it thus:-
S.No. Under heads Compensation
1. Cost of medicines Rs. 1143.00
2. Prospective loss of income Rs. 1,41,308.00
3. Loss of income for four months Rs. 13,084.00
4. Pain & sufferings Rs. 50,000.00
5. Permanent disfigurement & Rs. 1,00,000.00
continuing permanent disability
6. Marriage prospects Rs. 1,00,000.00
7. Loss of amenities Rs. 50,000.00
8. Special Diet & conveyance Rs. 5,000.00
Total Rs. 4,60,535.00
2. The appeal at hand was filed by the insurer submitting that the
tribunal has fallen into error by factoring in the element of future
prospects of increase to the extent of 50% over and above the income
notionally assessed with the help of minimum wages so as to grant
award on account of prospective loss of income due to disability
which has been evaluated to the extent of 20%, this on the basis of
disability certificate dated 10.10.2008 (Ex.PW-1/B) issued by board of
doctors of Lal Bahadur Shastri Hospital of Govt. of NCT of Delhi
affirming that the claimant suffers from permanent physical
impairment in the left lower limb to the extent of 45% due to the
fractures in the thigh and fibula bones, the same having been fixed by
nails through surgical procedure. While it may be correct that against
the backdrop of assessment of the earnings with the help of minimum
wages, the element of future prospects of increase should not have
been included, as pointed out by the learned counsel for the claimant
at the hearing, the Tribunal fell into error by making a deduction of
1/3rd to calculate the loss of future income which also was erroneous.
If both errors are removed, the calculation of loss of future earnings
due to disability would work out the same way as done by the
Tribunal.
3. The awards under the non-pecuniary heads of damages in the
given facts and circumstances of the case cannot be said to be
excessive. The appeal is devoid of substance and is dismissed.
4. The statutory amount shall stand forfeited as costs imposed to
be made over to Delhi High Court Legal Services Authority by the
registry.
5. The appellant was directed to deposit the entire awarded amount
with UCO Bank, Delhi High Court Branch as per order dated
24.04.2001 as a pre-condition to the stay against its enforcement. Fifty
per cent (50%) of the said deposited amount was released to the
claimant by order dated 24.02.2011. The balance shall also now be
released to the claimant.
R.K.GAUBA, J.
SEPTEMBER 13, 2017
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