Iffco Tokio General Insurance ... vs Rakesh & Ors
2018 Latest Caselaw 5244 Del

$~ 1 & 2
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                       Date of Decision: 31st August, 2018

+     MAC.APP. 346/2017

1     IFFCO TOKIO GENERAL INSURANCE
      COMPANY LTD                              ..... Appellant
                    Through: Mr.Brijesh Bagga, Advocate
                    versus

      RAKESH & ORS                                        ..... Respondents
                           Through:      Mr.Manu Shahalia, Advocate for R-1

+     MAC.APP. 327/2018

2     RAKESH                                              ..... Appellant
                           Through:      Mr.Manu Shahalia, Advocate
                           versus

      IFFCO TOKIO GEN INS CO LTD AND ORS       ..... Respondents
                    Through: Mr.Brijesh Bagga, Advocate for R-3

      CORAM:
      HON'BLE MR. JUSTICE J.R. MIDHA

                              JUDGMENT (ORAL)

1. The parties have challenged the award of the Claims Tribunal whereby compensation of Rs.16,08,100/- has been awarded to the claimant.

2. The accident dated 14th July, 2015 resulted in amputation of right lower limb of Rakesh (hereinafter referred as 'claimant'). He remained hospitalized from 14th July, 2015 to 23rd July, 2015 and 30th July, 2015 to 08th August, 2015. The amputation resulted in 70% of permanent disability

with respect to his right lower limb.

3. The Claims Tribunal awarded Rs.65,000/- towards medical expenses; Rs.50,000/- towards pain & suffering; Rs.30,000/- towards special diet, attendant & conveyance; Rs.6,08,100/- towards loss of future earning capacity/future income; Rs.50,000/- towards loss of amenities and enjoyment of life; Rs.50,000/- towards disfigurement; Rs.55,000/- towards loss of income during treatment and Rs.7,00,000/-towards artificial limb. The total compensation awarded is Rs.16,08,100/-.

4. Learned counsel for the Insurance Company submits that the claimant did not prove the cost of artificial limb but the Claims Tribunal has awarded exorbitant amount of Rs.7,00,000/- to the claimant towards the cost of artificial limb, which is liable to be reduced. The learned counsel further submits that the compensation awarded towards the loss of income for six months is on higher side. Learned counsel further submits that the interest on the cost of artificial limb should not have been awarded.

5. Learned counsel for the claimant submits that the compensation awarded under the heads of pain and suffering, loss of amenities and disfiguration is grossly on a lower side.

6. In Master Mallikarjun v. Divisional Manager, The National Insurance Company Ltd., 2013 ACJ 2445, the Supreme Court has held that the non-pecuniary compensation towards pain and suffering and loss of amenities of life to be Rs.4,00,000/- in respect of 30% to 60% permanent disability in relation to whole body.

7. Claimant is present in Court and his condition has been seen. This Court is of the view that the compensation of Rs.7,00,000/- awarded under the head of artificial limb is on higher side considering that no evidence has

been led to prove the cost of the artificial limb and requires reduction. The compensation for the artificial limb is reduced from Rs.7,00,000/- to Rs.3,00,000/-. However, the compensation awarded under the head of pain and suffering, loss of amenities and disfiguration are on lower side. The compensation for pain and suffering is enhanced from Rs.50,000/- to Rs.2,00,000/-, compensation for loss of amenities of life is enhanced from Rs.50,000/- to Rs.2,00,000/- and compensation for loss of disfiguration is enhanced from Rs.50,000/- to Rs.1,50,000/-. The amount awarded towards the loss of income during treatment is fair and reasonable and is upheld. In peculiar facts and circumstances of this case, the interest on the cost of artificial limb shall be treated as additional compensation under the head of pain and suffering.

8. The claimant is entitled to Rs.16,08,100/- along with interest at rate of 9% per annum but for the reasons given hereinabove. The appeal is disposed of in the above terms.

9. The Insurance Company has deposited the entire compensation amount with the Claims Tribunal out of which 50% amount has been released to the claimant and the balance amount is lying with the Claims Tribunal.

10. The Claims Tribunal is directed to send the status report with respect to the particulars of the amount released to the claimant and the balance amount lying with it.

11. Statutory amount be refunded back to the Insurance Company.

12. List for disbursement of the compensation amount on 26 th October, 2018.

13. Copy of this judgment be given dasti to counsels for the parties under

signatures of the Court Master.

AUGUST 31, 2018                         J.R.MIDHA, J.
ds