Delhi High Court
Neeraj Pal vs Naveen Balhara & Ors (National Ins ... on 27 November, 2019
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 27.11.2019
+ MAC.APP. 1156/2018
NEERAJ PAL ..... Appellant
Through: Mr. Varun Sarin, Advocate.
(Mob.-9910160045).
versus
NAVEEN BALHARA & ORS (NATIONAL INS CO LTD)
..... Respondents
Through: Mr. Pankaj Seth, Advocate for
Insurance Company.
Ms. Archana Gaur, Advocate for
Insurance Company.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
1. This appeal seeks enhancement of the Award dated 22.12.2017 passed
by the learned MACT in Suit No. 75503/16, on the ground that the addition
of compensation towards 'loss of future prospects' has not been granted.
The deceased was 32 years of age at the time of the motor accident. He was
privately employed, therefore, in terms of the dicta of the Supreme Court in
National Insurance Co. Ltd. v. Pranay Sethi & Ors (2017) 16 SCC 680, he
would be entitled to an addition of 40% towards 'loss of future prospects'.
It is so granted.
2. The next contention is that the injured was incapacitated for a whole
year, therefore, he should be compensated for the said period. However, the
learned Tribunal considered the injured to be incapacitated for a period of
four months only because there was no evidence to prove or support his
incapacitation beyond four months. Therefore, the appellant's contention is
untenable and is accordingly rejected.
3. Apropos compensation towards 'loss of amenities of life', the
appellant has been granted Rs. 50,000/-, an enhancement is sought. As per
the Disability Certificate, the appellant has become 42% permanently
disabled apropos his right ankle and foot. The learned Tribunal considered
his functional disability as 21%. The Court would note that he was in the
prime of his life and would obviously not be able to run and also would be
unable to do other activities which his earlier wholesome body could do.
The enjoyment of amenities of life has been affected irreparably and
extensively. The appellant was earlier employed as an accountant.
Considering his age, the nature of his activities, etc., the compensation
towards 'loss of amenities of life' is enhanced from Rs. 50,000/- to Rs.
1,50,000/-.
4. Since the appellant was wholly incapacitated for four months, his
visits to the hospitals, for medication, therapy and rehabilitation centers
would have been numerous. Therefore, the charges for conveyance is
enhanced from Rs. 2,400/- to Rs. 10,000/-.
5. The Court would note that compensation towards 'disfigurement' has
not been granted to the appellant. The same is granted @ Rs. 50,000/-.
6. Accordingly, the amount payable to the appellant/injured is as under:-
S.No. Particulars Amount
1. Loss of Future Earnings Rs. 13,69,872/-
[Rs.22,650/- (monthly salary of the
injured) x 12 (months) x 16
(multiplier) x 21/100 (21% functional
disability) x 150/100 (loss of future
prospects)]
2. Loss of amenities of life Rs. 1,50,000/-
3. Conveyance Charges Rs. 10,000/-
4. Disfigurement Rs. 50,000/-
TOTAL Rs. 15,79,872/-
Less (amount already awarded by learned Rs. 3,86,572/-
Tribunal)
[Rs. 15,79,872/- less Rs. 11,93,300/-]
7. Let the enhanced amount of Rs. 3,86,572/- alongwith interest @9%
from the date of filing of the claim petition till its realization be deposited by
the insurer before the learned Tribunal, to be released to the
appellant/claimant directly into his bank account being Savings Bank
Account No. 34931180016, IFSC: SBIN0017490, State Bank of India, Saket
Court Branch, within three weeks from the date of receipt of copy of this
order.
8. The appeal is disposed-off in the above terms.
NAJMI WAZIRI, J
NOVEMBER 27, 2019
RW
