Delhi High Court
The New India Assurance Company ... vs Suraj Prakash & Ors. on 23 August, 2021
$~2 (20.08.2021)
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23.08.2021
+ MAC. APP. 224/2021 & CM APPL. 24357-58/2021
THE NEW INDIA ASSURANCE COMPANY LIMITED
..... Appellant
versus
SURAJ PRAKASH & ORS. .....Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. R.K. Tripathi, Advocate.
For the Respondent:
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. The matter has been taken up today as 20.08.2021 was declared
as holiday.
3. Appellant impugns award dated 05.04.2021 passed by the
Tribunal, whereby Detail Action Report (DAR) has been disposed of
and compensation awarded.
MAC. APP. 224/2021 Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.08.2021
Signing Date:24.08.2021 11:33:18 23:30
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4. The only challenge to the award is with regard to grant of
compensation under the head of 'compensation for mental and
physical shock', 'loss of amenities of life', 'disfiguration' and 'loss of
marriage prospects', under which a sum of Rs.1 lakh each has been
awarded.
5. Learned counsel for the appellant submits that the Tribunal
should not have granted separate compensation under each of the
heads.
6. Further challenge is to grant of interest @ 9% per annum.
7. The claimant/injured was travelling on a motorcycle with his
friend sitting as a pillion. When they reached towards underpass at
Okhla, near Crown Plaza Hotel, the offending vehicle, a truck came
from back side which was being driven by its driver in a rash and
negligent manner, suddenly turned left without slowing down on
account of which the motorcycle of the petitioner was hit and claimant
fell down. The claimant alongwith the Motorcycle was dragged with
the truck for some distance on account of which he received grievous
injuries on his both legs and sustained injuries all over his body. The
claimant was then aged about 23 years.
8. Tribunal has noticed that medical evidence on record
established that claimant had suffered 47% permanent physical
impairment in relation to both his ankles and feet. Though the
MAC. APP. 224/2021 Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.08.2021
Signing Date:24.08.2021 11:33:18 23:30
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
claimant had sustained 47% permanent physical impairment in
relation to both his ankles and feet, Tribunal has assessed the loss of
earning capacity at 24%.
9. However, keeping in view the nature of injuries, in the category
of 'non-pecuniary loss', Tribunal has awarded a sum of Rs.1 lakh as
compensation for mental and physical shock, Rs.1 lakh for loss of
amenities of life, Rs.1 lakh for disfigurement and Rs.1 lakh for loss of
marriage prospects.
10. There is no material placed on record by the appellant to show
that the assessment under the above heads of 'non-pecuniary loss' is
on the higher side.
11. The claimant, a young boy of 23 years of age, has suffered 47%
permanent physical impairment of both his ankles and feet. By no
stretch of imagination, can it be said that the claimant would not have
suffered mental and physical shock and would not sustain loss of
amenities throughout his life. He has also suffered permanent
disfiguration. His marriage prospects would definitely be affected.
12. No ground is made out for interfering with the award on the
said count. Further, no material has been produced by the insurance
company to show that the award of interest @ 9% is also on the
higher side.
MAC. APP. 224/2021 Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.08.2021
Signing Date:24.08.2021 11:33:18 23:30
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
13. I am of the view that the award does not suffer from any
infirmity on the said grounds. There is no merit in the appeal and the
appeal is accordingly dismissed.
14. Copy of the Order be uploaded on the High Court website and
be also forwarded to learned counsels through email.
SANJEEV SACHDEVA, J.
AUGUST 23, 2021
NA
MAC. APP. 224/2021 Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.08.2021
Signing Date:24.08.2021 11:33:18 23:30
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
