Delhi High Court
Vijay Gupta vs Laksh Bhure & Ors (Icici Lombard ... on 17 February, 2020
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17th February, 2020
+ MAC.APP. 51/2020
VIJAY GUPTA ..... Appellant
Through: Mr. Avtar Singh, Mr. Mandeep Singh,
Advocates
versus
LAKSH BHURE & ORS (ICICI LOMBARD
GENERAL INSURANCE CO LTD) ..... Respondents
Through: Mr. Pankaj Gupta, Advocate for Ms.
Suman Bagga, Advocate for
respondent No.3
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T (ORAL)
1. The appellant has challenged the award dated 13th August, 2019
whereby compensation of Rs.2,03,208/- has been awarded to the appellant.
2. On 17th August 2017, Vishwanath Gupta along with his son, Vijay
Gupta were going on his motorcycle bearing no. DL 3S CC 0987 towards
Faridabad and they were hit by Hyundai Magna i20 car bearing No. DL
12CE 7800 near gate no.2, Karni Singh Shooting Range, Tughlakabad which
came from the opposite direction. The accident resulted in death of
Vishwanath Gupta and grievous injuries to Vijay Gupta. Two separate
claims petitions were filed before the Claims Tribunal. The present appeal
arises out of the award passed in the case of Vijay Gupta who sustained
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:02.03.2020
12:20:58
grievous injuries in the accident.
3. The appellant was aged 22 years at the time of the accident. The
appellant was working as a private contractor of paints and polish business
and was claimed to be earning Rs.30,000/- per month. The appellant
suffered for grievous injuries to his wrist, nose both knees and mouth. The
appellant underwent surgery closed reduction of fracture under C-Arm
guidance; external fixator and two wire applied left R-U joint left fixed with
K wire; plates and screws fixated in his jaw.
4. The Claims Tribunal took the income of the injured as Rs.22,139/- per
month. The Claims Tribunal awarded Rs.2,70,000/- towards expenditure on
treatment, Rs.10,000/- towards expenditure on conveyance, Rs.10,000/-
towards expenditure on special diet, Rs.10,000/- towards attendant,
Rs.66,417/- towards loss of income, Rs.20,000/- towards compensation for
mental and physical shock, Rs.20,000/- towards pain and suffering. The
Claims Tribunal held the appellant to be contributory negligent to the extent
of 50% and deducted 50% towards contributory negligence. Total
compensation awarded is Rs.2,03,208/-.
5. Learned counsel for the appellant urged at time of the hearing that the
appellant was a pillion rider on the motor cycle and no case of contributory
negligence is made out against the appellant. Reference is made to the site
plan prepared by the police at pages 44-45. The site plan clearly shows that
the Hyundai car came from the wrong side of the road and hit the deceased
at point 'A'. The impact of the accident was so strong that the motorcycle
was dragged for a considerable distance upto point 'B'. The police
registered FIR against the driver of the car. The FIR is at page No.37-43. It
is submitted that the Claims Tribunal has not considered this aspect at all in
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:02.03.2020
12:20:58
para 22 of the award. It is submitted that the appellant appeared in the
witness box and deposed that the accident occurred due to the sole
negligence of the driver of the Hyundai car. There was no rebuttal evidence
by the respondents.
6. There is merit in the submissions made by learned counsel for the
appellant. The appellant was a pillion rider on the motor cycle which was
being driven by his father, late Vishwanath Singh. The accident occurred
due to the negligence of the driver of the Hyundai car and there was no
contributory negligence on the part of the appellant. The contrary findings of
the Claims Tribunal of contributory negligence in para 22 of the award are
erroneous and are hereby set aside.
7. The appeal is allowed and the award amount is enhanced from
Rs.2,03,208/- to Rs.4,06,417 /- along with interest @ 9% per annum. The
enhanced award amount be deposited by respondent No.3 with the Registrar
General of this Court within four weeks.
8. List for disbursement of the enhanced award amount on 03 rd April,
2020.
9. The appellant shall remain present in Court on the next date of hearing
along with the passbook of his savings bank account near the place of his
residence as well as PAN card and Aadhaar card. The concerned bank of
appellant is directed not to issue any cheque book or debit card to the
appellant and if the same has already been issued, the bank is directed to
cancel the same and make an endorsement on his passbook to this effect.
Appellant shall produce the copy of this order to the concerned bank,
whereupon the bank shall make an endorsement on the passbook of
appellant that no cheque book and/or debit card shall be issued to appellant
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:02.03.2020
12:20:58
without the permission of this Court. However, the concerned bank shall
permit appellant to withdraw money from his savings bank account by
means of a withdrawal form. Appellant shall produce the original passbook
of his individual savings bank account along with the necessary endorsement
on the next date of hearing.
10. Copy of this judgment be given dasti to counsel for the parties under
the signature of the Court Master.
J.R. MIDHA, J.
FEBRUARY 17, 2020
dk
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:02.03.2020
12:20:58
