Delhi High Court
New India Assurance Company ... vs Parveen @ Raj Kumar & Ors. on 13 September, 2017
$~R-204
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 13th September, 2017
+ MAC APPEAL No. 300/2010 and CM APPL.8427/2010 (stay)
NEW INDIA ASSURANCE COMPANY LIMITED
..... Appellant
Through: Mr. L.K. Tyagi, Advocate
Versus
PARVEEN @ RAJ KUMAR & ORS. ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The first respondent, then aged about 30 years, statedly working
as a salesman in a private establishment, suffered injuries in a motor
vehicular accident that occurred on 17.12.2005 due to negligent
driving of vehicle described as Tata Sumo bearing registration No.DL-
1V-5279, admittedly insured against third party risk with the appellant
insurance company (insurer) for the relevant period. On his claim
petition, (Suit No.981/2008) instituted on 28.03.2006, the tribunal
after inquiry, by judgment dated 31.03.2010, returned a finding that
the accident had occurred due to negligent driving of said vehicle by
Harminder Singh (the second respondent), it being the vehicle
registered in the name of BSES Rajdhani Power Limited (the third
respondent). The tribunal awarded compensation in the total sum of
Rs.6,13,556/-, fastening the liability on the insurer to pay with interest.
2. The insurer by the appeal at hand questions the award arguing
that the compensation computed under the heads of prospective loss of
income (Rs.2,94,058/-) is excessive since the permanent disability
assessed to the extent of forty three per cent (43%) was improper,
exception also being taken to the non-pecuniary heads of damages
awarded for pain and suffering, permanent disfigurement and
curtailment of enjoyment of life.
3. Having heard the learned counsel for the appellant and having
gone through the tribunal's record, this court finds no substance in the
appeal.
4. The claimant had proved, by requisite record, that he had
suffered multiple injuries including fracture of the femur bone, his
knee, tibia bone, skull, hip and right hand also having been wounded.
He underwent prolonged treatment including surgical procedure. He
was examined by board of doctors of Guru Teg Bahadur Hospital
which had issued disability certificate dated 22.02.2010 (at page 153
of the tribunal's record) affirming the disability to be 43% in relation
of the right lower limb. Having regard to the nature of avocation and
the injuries and the aftermath suffered, as duly explained by the
claimant, in the course of his evidence (as PW-2) through the affidavit
(Ex.PW-2/A) tendered, the assessment by the tribunal of the
functional disability to the extent of 43% does not call for any
interference.
5. Given the above facts, the awards under the non-pecuniary
heads of damages included in the compensation are also not found to
be excessive.
6. The appeal is dismissed.
7. The insurance company had deposited the entire awarded
amount with up-to-date interest in terms of order dated 14.05.2010.
Seventy five per cent (75%) of the said amount was allowed to be
released by order dated 10.09.2010. The balance amount shall also
now be released to the claimant in terms of impugned judgment.
8. The statutory amount shall be refunded to the appellant
insurance company.
9. The appeal along with accompany application stands disposed
of in above terms.
R.K.GAUBA, J.
SEPTEMBER 13, 2017
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