Delhi High Court
Oriental Insurance Company Ltd. vs Neha Adhukiya & Ors. on 16 July, 2019
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 16.07.2019
+ MAC.APP. 706/2018, CM APPL. 30601/2018
ORIENTAL INSURANCE COMPANY LTD ..... Appellant
Through: Mr. Tarkeshwar Nath and Mr. B.K.
Pandey, Advs.
Versus
NEHA ADHUKIYA & ORS ..... Respondents
Through: Mr. Sunil Dalal with Mr. Pradeep
Sehrawat, Advs. for R-1.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
1. At the outset the learned counsel for R-1 submits that spelling of the
name of R-1 has been misspelt and it should read as „Neha Adhukiya‟
instead of „Neha Adukiya‟. In view of the above, it is directed that the name
of R-1 shall read as "Ms. Neha Adhukiya w/o Sh. Pratik Adukiya".
2. This appeal impugns the award of compensation on the grounds that
the compensation of Rs.2 lacs each towards „loss of enjoyment of life &
amenities‟ and „pain and sufferings‟ and Rs.50,000/- towards „compensation
for mental & physical shock‟ is on the higher side.
3. It is not in dispute that the injured is a young lady, who at the prime of
her life, at 29 years, suffered an unfortunate injury resulting in severe
disfigurement of her face and underwent hospitalization for medical
treatment. Even today, she has not fully recovered and further treatment
would be required apropos realignment of her jaw and teeth. In view of the
above, the argument that compensation under the abovementioned heads is
on the higher side is untenable and is accordingly rejected.
4. The other argument is that the award of Rs.7.5 lacs towards future
medical treatment expenses is unwarranted and award of interest on a
liability which is yet to occur, is illegal.
5. Mr. Sunil Dalal, the learned counsel for R-1 promptly states that
indeed the award of interest on future treatment expenditure should be
removed. It is so ordered. Apropos the said amount of Rs.7.5 lacs, no bills
have been submitted and expenditure under this head is yet to be incurred.
6. Therefore, the Court is of the view that this amount of Rs. 7.5 lacs
shall be available for reimbursement to R-1 as and when expenses are
incurred by her in future. In the circumstances, let the appellant file an
undertaking to the effect that they will reimburse the victim/R-1towards the
expenses which are incurred for treatment by her in future to the extent of
Rs.7.5 lacs, upon medical bills being submitted by her to the appellant. It
would be in the fitness of things that R-1 intimates the insurance
company/appellant about any treatment or likely treatment at any particular
hospital or by medical consultants, either prior or during or after such
treatment. In any case, upon submission of the medical bills, the insurance
company shall promptly reimburse her the amount of bills directly into her
bank account being SB account no. 37566260257; IFSC Code SBIN
0070757, SBI, Sector-22, Dwarka, New Delhi. The insurance company
shall be liable to pay the reimbursement amount only up to Rs.7.5 lacs
towards future treatment expenditure.
7. Let an undertaking, in terms of the above, be filed by a person duly
authorised by the insurance company and such person shall not be less than
the rank of a Manager. The undertaking shall be filed within three weeks
with an advance copy to the learned counsel for the respondent.
8. For now, of the awarded amount which has been deposited by the
appellant an amount of Rs.7.5 lacs along with corresponding interest
accrued thereon, shall be returned to the insurance company upon their
furnishing an undertaking in terms of this order. The statutory amount with
interest be returned to the insurance company.
9. The appeal is disposed off in the above terms.
NAJMI WAZIRI, J.
JULY 16, 2019/acm
