Delhi High Court
Amit Sharma vs Anuj Kochaar & Ors (The Oriental ... on 22 October, 2019
KAMLESH KUMAR
13.11.2019 16:04
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 22.10.2019
+ MAC.APP. 602/2019
AMIT SHARMA ..... Appellant
Through: Peeush Sharma & Mr. Bharvi Thakur &
Mr. Kartikey Nayyar, Advs.
versus
ANUJ KOCHAAR & ORS (THE ORIENTAL
INSURANCE CO LTD) ..... Respondent
Through: Ms. Deepika Mishra, Adv. for R- 1 & 2.
Mr. S.P. Jain, Mr. Himanshu Gambhir & Mr. Ravi
Gupta, Advs. for Insurance Company.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
1. This appeal impugns the award of compensation dated 17.01.2019
passed by the learned MACT in MACT No. 328/2018. The appellant seeks
enhancement of the compensation awarded on the ground that, it being
established that he has suffered permanent disability to the extent of 10% in
his spine, it ought to have been taken into consideration by the learned
Tribunal in computation of „loss of earnings‟ for the resultant difficulty in
his movement.
2. The impugned order has held that there was nothing on record to
show that the appellant has suffered functional disability. However, the
learned counsel for the appellant submits that the aforesaid finding is
erroneous because the evidence of PW-4-Dr. Deepankar Verma, Sr.
Resident, Department of Orthopaedics, GTB Hospital clearly holds out that
the victim suffered disability in his spine. To a query put by the learned
Tribunal as to "what is the effect of disability on the functioning of the
patient?", the answer of the said doctor was that "He could lean forward, but
should avoid forward and lateral bending and heavy lifting of articles."
3. From the above, it is clear that regular ordinary movements of the
patient have been seriously curtailed permanently. The appellant is working
as a Senior Manager (MEP) with M/s Okamura Homes Private Limited,
New Delhi. His functioning would obviously be seriously impaired.
Therefore, the functional disability is established. Due compensation for the
same ought to have been awarded to him. Once the disability has been
established there would be corollary restrictions on the movement for a life
time. That being the position, to the extent that the injured has been
constraint or disabled from living his life fully. He requires to be
compensated. A spinal disability of 10% would affect the movements of the
injured in varied ways. Therefore, this Court deems it appropriate to
consider the disability as 25% for the whole body. The appellant‟s monthly
salary of Rs. 81,800/- has been established. He would, therefore, be paid a
compensation for loss of future earnings, which is as under:
[Rs. 81,800/- (salary) x 25% (disability) = Rs. 20,450/- x 12 (months)
x 15 (multiplier) = Rs. 36,81,000/-]
4. Of the said amount 25% shall be deducted towards contributory
negligence in terms of the order of the learned Tribunal. Accordingly, the
amount payable under the head "loss of earnings" shall be Rs. 27,60,750/-
[Rs. 36,81,000/- less Rs. 9,20,250/- (25% contributory negligence)].
5. The aforesaid enhanced amount shall be deposited before the learned
Tribunal alongwith interest @ 9% from the date of filing of the Claim
Petition till its realization, within three weeks from the date of receipt of
copy of this order, to be released to the beneficiary(ies) of the Award, in
terms of the scheme of disbursement/apportionment as specified therein.
6. The appeal is disposed-off in the above terms.
NAJMI WAZIRI, J
OCTOBER 22, 2019/kk
