Delhi High Court
Sudeshena Das & Anr vs Rajender Kumar & Anr (Bharti Axa ... on 7 March, 2018
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 07th March, 2018
+ MAC.APP. 431/2017 and C.M. Appl. Nos.16943/2017 & 22221/2017
SUDESHENA DAS & ANR ..... Appellants
Through: Mr. Sumant De, Mr. Samar Ali and
Mr. Vivek Agarwal, Advocates
versus
RAJENDER KUMAR & ANR (BHARTI
AXA GENERAL INSURANCE CO LTD) ..... Respondents
Through: Mr. Satyajit Kumar Singh, Advocate
for respondent No.1
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby the compensation of Rs.3,62,500/- has been awarded to respondent
No.1.
2. The accident dated 21st June, 2014 resulted in grievous injuries to
Rajender Kumar who suffered compound grade 3 fracture of left tibia and
left fibula for which the steel rod was inserted in his left leg. Respondent
No.1 suffered permanent disability of 23% with respect to left lower limb.
Respondent No.1 is working as a Constable with Sashastra Seema Bal.
3. The Claims Tribunal awarded Rs.40,000/- towards medical treatment,
Rs.10,000/- towards conveyance charges, Rs.7,500/- towards special diet,
Rs.45,000/- towards pain and agony, Rs.1,45,000/- towards loss of income,
Rs.1,00,000/- towards loss of amenities of life and Rs.15,000/- towards loss
attendant charges. The total compensation awarded is Rs.3,62,500/-.
4. Learned counsel for the appellant urged at the time of hearing that
respondent No.1 has not suffered any loss of income and, therefore, the
compensation awarded by the Claims Tribunal be reduced.
5. Respondent No.1 is present in Court along with his counsel and he
admits having not suffered any loss of income. Respondent No.1, however,
submits that he suffered loss of promotion. Respondent No.1 seeks
enhancement of the compensation amount on the ground of loss of
promotion. It is submitted that the cross-objections have been filed for
seeking enhancement of the compensation amount.
6. The record of the Claims Tribunal has been produced. The respondent
No.1 has not suffered any loss of income and therefore, the compensation of
Rs.1,45,000/- awarded by the Claims Tribunal under the head of loss of
income is set aside. With respect to the respondent's claim of loss of
promotion, there is neither any pleading nor any evidence with respect to the
plea of loss of promotion raised by the respondent before this Court.
Respondent no.1 is entitled to the compensation of Rs.2,17,500/-
(Rs.3,62,500/- ‒ Rs.1,45,000/-) along with interest @ 9% per annum.
7. Learned counsel for respondent No.1 refers to and relies upon the
judgments passed in Santosh Devi v. National Insurance Company Ltd.
2012 LawSuit(SC) 238 and Rajan v. Soly Sebastian 2015 LawSuit(SC) 783
which do not support respondent No.1 who has not suffered any loss of
income due to permanent disability being in government service.
8. The appeal is allowed and the award amount is reduced from
Rs.3,62,500/- to Rs.2,17,500/- along with interest @ 9% per annum from the
date of institution of the claim petition i.e. 01 st November, 2014. The cross-
objections are dismissed.
9. The appellants have deposited Rs.1 lakh with the Registrar General of
this Court on 02nd June, 2017. The Registrar General is directed to release
the said amount of Rs.1 lakh along with interest accrued thereon to
respondent No.1.
10. The appellants are directed to pay the balance award amount to
respondent No.1 by transferring the same to his savings bank account within
a period of 8 weeks from today. The respondent No.1 shall furnish the
particulars of his savings bank account to counsel for the appellants within
three days along with photocopy of the passbook of his savings bank
account containing the IFSC code of the bank as well as the PAN Card.
11. Pending applications are disposed of.
12. Copy of this order be given dasti to counsel for the parties under the
signature of the Court Master.
MARCH 07, 2018 J.R. MIDHA, J.
rsk
