Delhi High Court
Oriental Insurance Co. Ltd vs Makhan Singh & Ors on 27 September, 2017
$~R-280
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 27th September, 2017
+ MAC.APP.871/2010
ORIENTAL INSURANCE CO. LTD. ..... Appellant
Through: Ms. Neerja Sachdeva, Advocate
versus
MAKHAN SINGH & ORS ..... Respondents
Through: None
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. The first respondent, then aged 42 years, earning his livelihood
as a rickshaw puller suffered grievous injuries in a motor vehicular
accident that occurred on 03.02.2007 on account of the negligent
driving of a motorcycle bearing registration no.DL-8S-AA-3676 by
the second respondent, it being a vehicle registered in the name of the
third respondent and admittedly insured against third party risk with
the appellant / insurance company for the period in question. On his
accident claim case (MACT 161/10/07) instituted on 13.07.2007, the
Motor Accident Claims Tribunal (Tribunal) held inquiry and, by
judgment dated 12.10.2010, awarded total compensation in the sum of
Rs.5,98,855/- directing the insurer to pay with interest, calculating it
thus :-
Loss of Income Rs.3,93,498/-
Medical Expenses Rs.357/-
Future treatment, pain and sufferings etc. Rs.2,00,000/-
Special Diet & conveyance charges Rs.5,000/-
Rs.5,98,855/-
2. The insurer by the appeal at hand submits that the loss of
income due to the functional disability has been wrongly calculated as
the element of future prospects of increase in income was improperly
added against the assessment of the income notionally with the help of
minimum wages (Rs.3,470/- p.m.).
3. While the contention of the insurer in this regard may be
technically correct, it is noted that the award granted by the tribunal is
deficient. It is not properly structured for the reason the loss of
income for the period of treatment was not calculated and there is no
separate award granted for loss of amenities of life. It is noted that
the injuries suffered by the claimant included fracture of the pelvic
bone. It is on this account that he has been rendered permanently
disabled, in spite of the surgical procedures undergone, his permanent
disability having been treated as 45% by the board of doctors of
Sanjay Gandhi Memorial Hospital, Govt. of NCT of Delhi vide
disability certificate (Ex. PW1/1) dated 05.02.2010, the reasons having
been elaborated in the said document as post traumatic stiffening of
the right hip. Even if the element of future prospects of increase in
income were to be kept out of consideration in calculating the
consequent loss of future income due to disability upon the deficiency
in the award towards loss of income during treatment and for loss of
amenities of life being taken care of, the total amount of compensation
awarded by the tribunal would call for no interference.
4. Thus, the appeal is dismissed.
5. By order dated 20.12.2010, the insurance company had been
directed to deposit the entire awarded amount with the Registrar
General and from out of such deposit, fifty percent (50%) was allowed
to be released to the claimant. The balance shall now be released to
the claimant in terms of the impugned judgment.
6. The statutory deposit shall be refunded to the insurance
company.
R.K.GAUBA, J.
SEPTEMBER 27, 2017
yg
