Delhi High Court
Rajender Singh vs Bajaj Allianz General Insurance Co Ltd & ... on 6 February, 2025
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 6th February, 2025
+ MAC.APP. 704/2019 & CM APPL. 2756/2025
RAJENDER SINGH .....Appellant
S/o Late Dalip Singh
R/o Vill. & P.O. Khaira
Near Chandra Gas Agency
Najafgarh, New Delhi - 110043
Through: None
versus
1. BAJAJ ALLIANZ GENERAL INSURANCE CO LTD
Plot No. 7, 3rd Floor,
Krishna Bhawan
Janakpuri,
New delhi-110058 .....Respondent No. 1
2. JAI BHAGWAN (Driver)
S/o Sh. Jage Ram
R/o 13, Vill. & P.O. Pandwala Kalan
Najafgarh,
New delhi-110043 .....Respondent No. 2
3. RAVINDER (Owner)
S/o Sh. Girver Singh
R/o H. No.736,
Vill & P.O. Kapashera,
New Delhi .....Respondent No. 3
Through: Ms. Suman Bagga, Mr.
Eileen Tirkey and Ms.
Manreet Kaur, Advocates for R-1.
Signature Not Verified
Page | 1
DigitallySigned By:SAHIL
SHARMA
Signing Date:13.02.2025
16:46:43
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
1. The present Application under Section 152 read with Section 151
of the Civil Procedure Code, 1908 has been filed on behalf of
Respondent No. 1/Insurance Company seeking correction of the
Arithmetical error in calculating "Loss of Future Earnings/Loss of Future
Prospects" in paragraph 18 of judgment dated 06.12.2024, wherein while
calculating the compensation towards loss of Future Prospects at 10%,
the functional disability has been wrongly taken as 100% while it should
have been 33% as confirmed by this court.
2. Submissions Heard and record perused.
3. The assessment of Functional Disability has been confirmed by this
court in para 11 of the impugned judgment dated 06.12.2024. It was held
as under:
"11. Considering the nature of injuries and the Disability,
the learned Tribunal has rightly taken the Functional
Disability as 33%. The conclusion of the learned Tribunal
does not warrant any interference."
4. However, while calculating "Loss of Future Prospects" in
paragraph 18 of the judgment, the Functional Disability has been
erroneously taken as 100% which should have been 33%. The relevant
paragraph 18 is as under:
"18. In the instant case the injured was about 56 years old,
so the Appellant is entitled to future prospects at the rate of
10%. The compensation is calculated as under: -
Income X 10% Future Prospects X 12 X Multiplier
Rs.7,722X110/100X12X9=Rs. 9,17,373.6/-"
Page | 2
5. There is an Arithmetical error in erroneously taking 100%
functional disability while calculating the "Loss of Future Prospects",
when the same is confirmed as 33% in paragraph 11 of the impugned
judgment dated 06.12.2024. Thus, it is directed that the "Loss of Future
Prospects" be calculated on the basis of relevant Functional Disability of
33%, which is as under:
Annual Disability Loss=Annual Income×Disability Percentage=93,264×0.33
=Rs.30,757.12/-
Total Loss with Multiplier=30,757.12×9=Rs.2,76,813.08/-
Future Prospects Increase=Total Loss with Multiplier×0.10=276,813.08×0.1
0=Rs.27,681.31/-
Total Loss including Future Prospects
Rs. 2,76,813.08+Rs.27,681.31=Rs. 3,04,494.39/-
Relief:-
6. The total compensation is thus modified accordingly as under:-
S. No. Heads Awarded by the Awarded by
Tribunal this Court
Pecuniary Heads
1. i. Expenditure on Treatment Rs. 3,41,728/- Rs. 3,41,728/-
ii. Expenditure on Conveyance Rs.30,000/- Rs.50,000/-
iii. Expenditure on Special Diet Rs.30,000/- Rs.30,000/-
iv. Cost of Attendant Rs.24,000/- Rs.24,000/-
v. Loss of Income Rs.46,332/- Rs.46,332/-
vi. Any other Loss NIL NIL
Non-pecuniary Loss
2. i. Mental and Physical Shock Rs.20,000/- Rs.20,000/-
ii. Pain and Suffering Rs.70,000/- Rs,1,50,000/-
iii. Loss of amenities of Life Rs.50,000/- Rs.50,000/-
iv. Disfiguration NIL NIL
Page | 3
v. Loss of Marriage Prospects NIL NIL
vi. Loss of earning, inconvenience, NIL NIL
hardships, dejectment etc.
Disability resulting in loss of earning capacity
3. i. Percentage of Disability 66% 66%
ii. Loss of amenities NIL NIL
iii. Loss of earning capacity 33% 33%
iv. Loss of future income including Rs.2,77,992/- Rs.
Future Prospects 3,04,494.39/-
v. Loss of Future Prospects NIL 10%
TOTAL COMPENSATION Rs.8,90,500/- Rs. 10,20,000/-
(rounded off)
7. The modified awarded amount in the sum of Rs. 10,20,000/- along with
interest @ 9% per annum be deposited within three weeks.
8. With aforesaid modification of the Judgment dated 06.12.2024, the present
Review Petition is accordingly disposed of along with pending Application.
(NEENA BANSAL KRISHNA)
JUDGE
FEBRUARY 06, 2025
r
Page | 4
