Delhi High Court
Reliance General Insurance Co Ltd vs Dinesh Yadav & Ors on 15 March, 2018
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15th March, 2018
+ MAC.APP. 463/2015
RELIANCE GENERAL INSURANCE CO LTD ..... Appellant
Through: Mr. A.K. Soni, Advocate.
versus
DINESH YADAV & ORS ..... Respondents
Through: Mr. B.R. Sharma, Advocate.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.31,60,000/- has been awarded to respondent
No.1.
2. The accident dated 24th September, 2011 resulted in 100% permanent
physical impairment due to altered sensorium along with of cognitive
functioning to respondent No.1. The Claims Tribunal awarded Rs.49,500/-
towards medical expenses, Rs.50,000/- towards future medical expenses,
Rs.3,00,000/- pain, sufferings and enjoyment of life, Rs.20,000/- towards
special diet/future diet, Rs.50,000/- towards conveyance/future conveyance,
Rs.9,00,000/- towards attendant charges, Rs.16,90,500/- towards loss of
income/future loss of income and Rs.1,00,000/- towards loss of amenities.
The total compensation awarded is Rs.31,60,000/-.
3. Learned counsel for the appellant urged at the time of hearing that the
Claims Tribunal has awarded Rs.9,00,000/- towards the attendant charges
which is on a higher side and liable to be reduced. It is further submitted
that PW-3 deposed that he was looking after respondent No.1 at the monthly
salary of Rs.10,000/- given in cash without any receipt. It is submitted that
no documentary proof was placed on record.
4. Learned counsel for respondent No.1 submits that respondent No.1
expired during the pendency of this appeal on 09 th November, 2016 and is
survived by his parents who have been substituted in his place. It is
submitted that the Rs.20,000/- per month was spent on the attendant and
physiotherapy of respondent No.1 during the period of five years for his
treatment. Learned counsel for respondent No.1 further submits that no
compensation has been given in head of the disfiguration.
5. Learned counsel for the appellant submits that no evidence was led
with respect to the expenses incurred on physiotherapy.
6. This Court is of the view that the appellant is entitled to attendant
charges @ 10,000/- per month for the period of five years till treatment of
deceased respondent No.1. The attendant charges are, therefore, reduced
from Rs.9,00,000/- to Rs.6,00,000/-.
7. The Claims Tribunal has not awarded any compensation towards
disfiguration. Rs.1,40,000/- is awarded under the head of disfiguration to
Respondent No.1.
8. The appeal is partially allowed and the compensation amount is
reduced from Rs.31,60,000/- to Rs.30,00,000/- along with 9% per annum
from the date of institution i.e. 06th January, 2011 till realisation.
9. The appellant has already deposited 70% of the compensation award
with the Registrar General of this Court in terms of order dated 27 th May,
2015 out of which Rs.10,00,000/- has been released to respondent No.1.
10. UCO Bank, Delhi High Court is directed to send the status report with
respect to the balance amount lying with UCO Bank. The appellant is
directed to deposit the balance award amount along with up to date interest
with UCO Bank, Delhi High Court Branch by means of a cheque drawn in
the name of UCO Bank A/c Nirmala Yadav within four weeks.
11. The appellant shall file computation of the interest on affidavit along
with proof of deposit within one week of the deposit.
12. List for disbursement of the balance amount on 16 th April, 2018 at
2:30 P.M.
13. The parents of respondent No.1 shall remain present on the next date
of hearing along with passbooks of their savings bank accounts near the
place of their residence along with PAN cards and Aadhaar Cards.
14. Copy of this order be given dasti to counsels for the parties under
signature of the Court Master.
MARCH 15, 2018 J.R. MIDHA, J.
P
