Ashish Sharma vs Raj Kumar & Ors.
2017 Latest Caselaw 5458 Del

$~R-277

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Decided on: 26th September, 2017

+        MAC APPEAL No. 848/2010


         ASHISH SHARMA                            ..... Appellant
                  Through:       Mr. Bhupesh Narula, Advocate with
                                 Mr. Yogesh Narula, Advocate

                      versus
         RAJ KUMAR & ORS.            ..... Respondents
                 Through: Mr. Amit Gaur, Advocate for R-3.

CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA

                         JUDGMENT (ORAL)

1. The appellant, then 22 years old, suffered injuries in a motor vehicular accident that occurred on 18.10.2004 due to negligent driving of bus bearing registration No.DL-1PB-1850, admittedly insured against third party risk with the third respondent (insurer). On his accident claim case (Suit No.1227/2007), instituted on 04.04.2007, the tribunal, by its judgment dated 22.07.2010, awarded compensation in the total sum of Rs.5,75,900/- with interest @ eight per cent (8%) per annum, directing the insurer to pay with interest, calculating it thus:-

  Sl.                           Head                        Amount in
 No.                                                         (Rs.)
     1.    Pain, shock and suffering                              20,000/-
     2.    Expenditure on bills                                   12,500/-
     3.    Compensation for disability of 75%                 4,28,400/-
     4.    Conveyance and special diet                            15,000/-
     5.    Loss of marriage prospects                             50,000/-
     6.    Loss of amenities                                      50,000/-
                                                  Total       5,75,900/-

2. At the hearing of the appeal seeking compensation, it is submitted that for calculation of loss of income in future due to disability, assessed to the extent of seventy five per cent (75%), the multiplier of 18 rather than 17 should have been invoked. The counsel also submits that the awards under the head of pain, shock and suffering, loss of marriage prospects and loss of amenities as also the rate of interest are inadequate.

3. It is noted that on account of injuries suffered including in spinal column, the claimant suffers from permanent disability on account of weakness of the lower limbs which would affect his entire future life. In these circumstances, the loss of functional disability having been assessed at 75%, and the earnings having been assumed of Rs.3,000/- per month compensation for loss of future earnings with the multiplier of 18, would require addition of Rs.25,200/-. The said amount is added to make-up for the deficiency.

4. In the facts and circumstances, awards under the three above- mentioned non-pecuniary heads of damages are found to be deficient. They are increased to Rs.75,000/- each. Thus, there will be a net increase in the award by (25,200/- + 55,000/- + 25,000/- + 25,000/-) Rs.1,30,200/- (Rupees One Lakh Thirty Thousand Two Hundred Only).

5. Ordered accordingly.

6. Following the consistent view taken by this Court, the rate of interest is increased to 9% per annum from the date of filing of the petition till realization. [see judgment dated 22.02.2016 in MAC.APP. 165/2011 Oriental Insurance Co Ltd v. Sangeeta Devi & Ors.].

7. The insurer is directed to satisfy the enhanced award by requisite deposit with the tribunal within thirty days, making it available to be released to the claimant.

8. The appeal stands disposed of in above terms.

R.K.GAUBA, J.

SEPTEMBER 26, 2017 vk