Delhi High Court
Harbans Lal vs Shyam & Ors. (New India Assurance ... on 25 September, 2017
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 25th September, 2017
+ MAC APPEAL 235/2016
HARBANS LAL ..... Appellant
Through: Mr. S.N. Parashar, Advocate with
Ms. Pankaj Kumari, Advocate
versus
SHYAM & ORS. (NEW INDIA ASSURANCE CO. LTD.)
..... Respondents
Through: Mr. Vinod Trishal, Advocate for R-3
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The appellant had suffered injuries in a motor vehicular
accident that occurred on 22.06.2010 upon the bicycle he was riding,
being hit by truck bearing registration No.DL-1LGB-6446 (the truck)
from behind. He instituted accident claim case (Suit No.51/2011) on
05.02.2011 impleading driver, owner and insurer of the truck as party
respondents, they being first to third respondents in the appeal. On the
basis of evidence led during inquiry the tribunal, by judgment dated
20.09.2011, accepted the case that the injuries had been suffered due
to accident which was caused on account of negligent driving of the
truck. The tribunal awarded compensation in the total sum of
Rs.88,344/- and fastened the liability on the insurer (third respondent)
to pay the same with interest @ 7.5% per annum. Noticeably, the said
award includes compensation under the heads of medical expenses
(Rs.5,000/-), diet and conveyance charges (Rs.9,000/-), loss of income
for the period of absence from duty (Rs.19,344/-), loss of future
earnings (Rs.5,000/-) described as probable loss of income due to
temporary disability evaluated as 63% for a period of one year and
pain and suffering (Rs.50,000/-).
2. The appeal was filed seeking enhancement of the compensation,
the prime contention of the appellant being that his treatment had
continued even while the inquiry was being conducted by the tribunal
leading to the impugned judgment and that in the wake of such further
treatment, he had to suffer amputation of the right lower limb. On his
application, he was allowed to adduce further evidence at the stage of
appeal, such further evidence being in the form of testimony of Dr.
Gyan Trivedi (AW-1) proving disability certificate (Ex.AW1/1) issued
on 11.12.2015 confirming the amputation above knee of the right leg,
resulting in disability which has been assessed to the extent of 85% in
relation to that part of the body.
3. At the hearing, the counsel for the appellant submitted that since
the subsequent developments noted above would require re-visit of the
award not only consequent loss of future income due to functional
disability but also to cover the areas such as additional medical
expenditure, attendant charges, special diet, conveyance and need for
arranging the prosthetic limb, it would be proper that the matter is
remitted to the tribunal for award of just compensation. The counsel
for the insurer, on being asked, submitted that he leaves the matter to
the discretion of the court.
4. In above facts and circumstances, the prayer of the appellant is
granted. The impugned award is set aside and the claim case is
remitted to the tribunal for further inquiry which would be restricted to
the question of determination of just compensation, in as much as the
finding on the issue of negligence has not been challenged by any of
the affected parties and has attained finality. Thus, the further inquiry
will not require presence of any respondents other than the insurer.
5. The parties (the claimant and the insurer) are directed to appear
before the tribunal for further proceedings on 25.10.2017.
6. The original disability certificate and the medical record of
further treatment adduced at the stage of appeal shall be returned by
the registry against submission of certified copies by the claimant so
that the same can be presented before the tribunal for further inquiry.
Needless to add, the amount earlier received by the claimant from the
insurer shall be liable to be adjusted against the award that would be
passed on the conclusion of further inquiry by the tribunal.
7. The appeal is disposed of in above terms.
R.K.GAUBA, J.
SEPTEMBER 25, 2017
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