Delhi High Court
National Insurance Co. Ltd. vs Albert Peter (Since Deceased ... on 21 September, 2017
$~R-250 & 251
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 21st September, 2017
+ MAC APPEAL 670/2010
NATIONAL INSURANCE CO. LTD. ..... Appellant
Through: Ms. Harsh Lata for Ms. Shantha
Devi Raman, Advocate
Versus
ALBERT PETER (SINCE DECEASED THROUGH LRs) &
ANR. ..... Respondents
Through: Mr. S.N. Parashar and
Ms.Pankaj Kumari, Advocates
+ MAC APPEAL 669/2011 and CM 25202/2015
ALBERT PETER (SINCE DECEASED THROUGH
LRs) ..... Appellant
Through: Mr. S.N. Parashar and Ms.
Pankaj Kumari, Advocates
Versus
NATIONAL INSURANCE CO. LTD.
& ANR ..... Respondents
Through: Ms. Harsh Lata for Ms. Shantha
Devi Raman, Advocate
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Albert Peter, then aged about 54 years, working as Printing
Plates Maker with Hindustan Times, suffered injuries in a motor
vehicular accident that occurred on 30.06.1998 due to the negligent
driving of Tata Sumo bearing registration no.DL-7C-6634, admittedly
insured against third party risk with National Insurance Co. Ltd.
(appellant in MACA 670/2010). Due to the injuries suffered by him,
part of his right leg was amputated, he being rendered permanently
disabled, his disability having been evaluated by a board of doctors of
Lok Nayak Jai Prakash Narayan Hospital of the Govt. of NCT of
Delhi vide disability certificate (Ex. PW-1/A) to be to the extent of
40%. It may be added here that upon attaining the age of
superannuation, he was retired by the employer on 21.02.1999, the last
salary having been proved to be in the gross sum of Rs.9,814/-, as per
the salary slip (Ex.PW4/27). He (Albert Peter), for reasons which
cannot be fathomed, filed an accident claim case on 04.03.2005,
almost seven years after the accident impleading the owner and insurer
of the offending vehicle.
2. The Motor Accident Claims Tribunal (Tribunal) held inquiry
and, by judgment dated 24.07.2010 accepted the case for
compensation holing the driver of the offending vehicle responsible
for the mishap. The compensation in the total sum of Rs.2,33,780/-
was awarded in favour of the claimant / Albert Peter, the liability
having been fastened on the insurer to pay the same with interest at the
rate of 7.5% p.a.
3. During the contest, the insurer had raised the defence that there
was a breach of the terms and conditions of the insurance policy as the
driver of the offending vehicle was not holding a valid or effective
driving licence, the document presented by him to such effect having
been found upon verification to be fake. The Tribunal, however,
accepted the word of the owner of the offending vehicle to the effect
that there had been due diligence and following the ruling of the
Supreme Court in United India Insurance Company Ltd. V. Lehru &
Ors., (2003) 3 SCC 338 declined to grant ay relief to the insurer.
4. The insurer came with the appeal (MACA 670/2010) assailing
the impugned judgment of the tribunal, it being pressed at the hearing
to seek recovery rights against the owner of the offending vehicle on
the ground that the stand taken by him was false.
5. The claimant, on the other hand, also came with his cross appeal
(MACA 669/2011) seeking enhancement of compensation. During
the pendency of these appeals, the claimant, however, died on
29.08.2013. On the application moved by his legal heirs, they have
since been substituted in these matters and are allowed to prosecute
the interest of the original claimant on behalf of his estate.
6. The appeal of the claimant is pressed only to seek compensation
on account of the loss of earnings due to disability, the said
component not having been covered by the award granted by the
tribunal. Given the nature of the injuries sustained and the disability
suffered and their aftermath, having regard to the medical opinion, the
functional disability is assessed at 40%. The claimant had continued
to be in the employment of the same entity till he attained the age of
superannuation in February 1999. Since he would have gone beyond
the age of 55 years, the loss of future earning due to disability is
calculated, with the multiplier of 9, as [Rs.9,814/- x 40 / 100 x 12 x 9]
Rs.4,23,964.8, rounded off to Rs.4,24,000/- (Rupees Four lakh and
twenty four thousand only).
7. The award is, thus, increased by Rs.4,24,000/- (Rupees Four
lakh and twenty four thousand only). The enhanced portion of the
award shall carry interest at the rate of 9% p.a. from the date of filing
of the petition till realization. The insurance company is directed to
satisfy the enhanced award by requisite deposit with the tribunal
within 30 days, the entire balance including the balance from out of
the award earlier granted to go to Smt. Augusta Peter, wife of late
Albert Peter.
8. By order dated 07.10.2010 on MACA 670/2010, the insurance
company had been directed to deposit the entire amount awarded by
the tribunal and from out of the same, 50% (fifty percent) was allowed
to be released to the claimants. The balance initially kept in fixed
deposit was also permitted to be released by subsequent order dated
12.07.2013.
9. Coming to the appeal of the insurance company, it being
pressed to seek recovery rights, all that needs to be observed is that the
view taken by the tribunal against the backdrop of the deposition of
the owner (R1W1) is in accord with the ruling of the Supreme Court
in United India Insurance Company Ltd. V. Lehru & Ors. (supra).
10. The plea of the insurer for recovery rights, is thus, rejected.
11. The statutory deposit of the insurance company shall be
refunded.
12. Both the appeals and the pending application are disposed of in
above terms.
R.K.GAUBA, J.
SEPTEMBER 21, 2017
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