Delhi High Court
Vishnu Dutt Mittal vs Mahesh & Ors. on 12 March, 2024
Author: Dharmesh Sharma
Bench: Dharmesh Sharma
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment reserved on : 5th March, 2024
Judgment pronounced on : 12th March, 2024
+ MAC.APP. 414/2013
VISHNU DUTT MITTAL ..... Appellant
Through: Mr. Somnath Parashar, Adv.
versus
MAHESH & ORS. ..... Respondents
Through: Mr. Pankaj Seth, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
JUDGMENT
1. The appellant has preferred the present appeal under Section
173 of the Motor Vehicles Act, 19881, assailing the quantum of
compensation awarded by the learned Presiding Officer, Motor
Accident Claims Tribunal (South-01), Saket Courts, New Delhi2 vide
judgment dated 19.12.2012 in claim petition No. 304/103, agitating
that it is not a fair and just compensation and is on a lower side as the
learned Tribunal has overlooked the relevant parameters.
2. Having heard the learned counsel for the rival parties and on
perusal of the record, I find that there is no challenge to the factum of
the accident that occurred on 03.07.2010 involving the offending
vehicle i.e., LPG Tanker bearing registration No. HR-66-0242 being
driven by respondent No.1, that resulted in the appellant sustaining
MV Act
Tribunal
3 Claim petition
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permanent disability in terms of the disability certificate to the extent
of 88% in his lower limb, which is non-progressive but, at the same
time, not likely to improve.
3. Regarding the issue in Petition No. 304/2010, evidently, the
appellant was 48 years of age and it was the case of the appellant that
he was working as a caterer. Although no proof of his employment
was given, the learned Tribunal reckoned the minimum wages for an
unskilled workman which were prevalent at the time of accident and
fixed by the Government of National Capital Territory of Delhi
["GNCTD"] to be @ Rs. 5278/-. The loss of earning capacity was
reckoned @ 60% and applying the multiplier of ‟13‟, the loss of
earning capacity was assessed @ Rs. 4,94,026/- by the learned
Tribunal.
4. Further, the learned Tribunal granted a sum of Rs. 35,000/- on
account of pain and suffering; Rs. 30,000/- for loss of earning during
the period of medical treatment; Rs.35,000/- towards special diet and
travelling expenses; Rs.20,000/- towards future medical expenses and
Rs. 11,750/- towards medical expenses. Thus, the total amount of
compensation comes to Rs. 6,25,776/-.
5. Hence, the learned Tribunal awarded a total compensation of
Rs.6,25,776/- (Rupees Six Lacs Twenty Five Thousand Seven
Hundred Seventy Six Only) to the respondent/claimant wit interest @
7.5% p.a. from the date of filing of the claim petition i.e. 08.10.2010
till its realisation.
6. Having heard learned counsels for the rival parties at the Bar
and on perusal of the record, including the Trial Court record, ex facie,
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the said aspect requires modification. Although the learned Tribunal
rightly assumed the notional income @ Rs. 5278/- provided for an
unskilled workman, the loss of future prospects has not been
reckoned. The same has to be reckoned @ 25% in terms of the
decision in National Insurance Co. Ltd. v. Pranay Sethi4. The
annual income of the appellant thus comes to Rs. 63,336/- (5278 x
12). Now adding 25% towards loss of future prospects, the notional
annual income would come to Rs. 79,170/-. Further, no apparent error
has been committed by the learned Tribunal in reckoning the loss of
earning capacity @ 60%. Lastly, taking the multiplier of „13‟ as per
the decision in Sarla Verma v. DTC5, the total loss of future earning
capacity on account of permanent disability comes to Rs. 6,17,526/-
(Rupees Six Lacs Seventeen Thousand Five Hundred Twenty Six
Only).
7. There is more faultiness since the learned Tribunal has awarded
the compensation towards pain and suffering @ Rs. 35,000/-, which
should be enhanced to Rs. 1,00,000/-. Further, compensation of an
amount of Rs. 50,000/- is awarded towards loss of amenities and
enjoyment of life besides Rs. 25,000/- towards disfiguration and Rs.
50,000/- towards future medical expenses. Accordingly, the total
compensation is arrived as under:-
(2017) 16 SCC 680
5 (2009) 6 SCC 121
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S. No. Heads Amount
1. Annual Income Rs.63,336/-
(5278 x 12)
2. Addition towards loss of future Rs. 79,170/-
prospects (25 % of 63,336)
4. Total Loss of future earning at 60% Rs 6,17,526/-
loss of earning capacity (79,170 x 13 x 60/100
5. Pain and suffering Enhanced Rs. 1,00,000
6. Future medical expenses Rs. 50,000/-
7. Reimbursement of Medical Rs. 11,750/-
Expenses
8. Disfiguration expenses Rs. 25,000/-
9. Special Diet Rs. 20,000/- and Rs. 35,000/-
travelling Expense Rs.15,000/-
maintained
10. Loss of earning during the period of Rs. 30,000/-
treatment
11. Loss of amenities and enjoyment of Rs. 50,000/-
life
Total Compensation Rs.9,19,276
8. Accordingly, the total amount of compensation is worked out to
be Rs. 9,19,276/- (Rupees Nine Lacs Nineteen Thousand Two
Hundred Seventy Six Only), which shall be payable to the appellant
with interest @ 7.5% from the date of filing of the petition i.e.
08.10.2010 till its realization.
9. Accordingly, the present appeal is allowed and the impugned
award-cum-judgment dated 19.12.2012 is hereby modified. The
respondent No.3/insurance company is directed to deposit the entire
amount of compensation with the learned Tribunal within four weeks
from today failing which, the respondent No.3/insurance company
shall be liable to pay penal interest @ 12 % per annum from the date
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of this judgment till realization on the amount of compensation plus
the accrued interest till date.
10. The amount of compensation be realized by the appellant in
terms of the directions passed by the learned Tribunal.
11. The appeal stands disposed of accordingly.
DHARMESH SHARMA, J.
MARCH 12, 2024
Sadiq/ck
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