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2016 Supreme(Del) 4126

IN THE HIGH COURT OF DELHI AT NEW DELHI
SUNIL GAUR, J.
SONI - Appellant
Versus
SHRI RAM GENERAL INSURANCE CO LTD & ORS - Respondents
MAC.APP. 260, 357 of 2016
MAC.APP. 495 of 2015 & C.M.11356 of 2015, MAC.APP. 497 of 2015 & C.M.11364 of 2015
Decided on : 23-11-2016

Advocates:
Advocate Appeared:
For the Appellant :Mr. O.P. Mannie, Advocate
For the Respondent:Mr. P. Acharya, Advocate

The main legal point established is that compensation for loss of income can be granted without documentary proof of employment in cases of private employees, and compensation for loss of wages and future loss of income can be granted based on compromised earning capacity.

Headnote:

Compensation - Motor Vehicle Accident - Section 279/338 IPC - Future Loss of Income, Loss of Wages, Pain and Sufferings, Servant/Attendant Charges, Loss of Amenities and Enjoyment of Life, Loss of Marital Prospects, Conveyance and Special Diet, Medical Bills - Kavita v Deepak & Ors. (2012) 8 SCC 604

Fact of the Case:

The claimants were injured in a motor vehicle accident and sought compensation. The Tribunal granted compensation, which was challenged in four appeals. The claimants sought enhancement of compensation, while the insurer sought reduction.

Finding of the Court:

The court found that the claimants' permanent disabilities led to substantial loss of earning capacity, justifying compensation for future loss of income. The court also held that compensation for loss of wages and future loss of income could be granted based on compromised earning capacity, as clarified in Kavita v Deepak & Ors. The court enhanced compensation for various heads, including loss of wages, pain and suffering, loss of amenities and enjoyment of life, and loss of marital prospects.

Issues: The main issues were the assessment of compensation for the claimants' injuries and the impact of their permanent disabilities on their earning capacity.

Ratio Decidendi: The court held that proof of employment is not necessary to grant compensation for loss of income in cases of private employees. It also emphasized that compensation for loss of wages and future loss of income can be granted based on compromised earning capacity. The court considered the claimants' specific circumstances and enhanced compensation for various heads based on the evidence presented.

Final Decision: The court dismissed the appeals filed by the insurer and partly allowed the appeals filed by the claimants, modifying the impugned award to enhance the compensation for various heads. The enhanced compensation was to carry interest and be deposited by the Insurance Company with the Tribunal within four weeks.

JUDGMENT :

1. In the above-captioned four appeals, the challenge is to the common impugned Award of 13th April, 2015 vide which compensation of Rs.7,97,840/- has been granted to injured-claimant-Pinku @ Samruti Ranjan Dash and compensation of Rs.7,49,920/- has been granted to injured-claimant-Soni.

2. With the consent of both the sides the above-captioned four appeals are heard together and are being disposed of vide common judgment as they arise out of one Award.

3. In the above-captioned first two appeals, enhancement of compensation is sought by the injured-claimants whereas in the remaining above-captioned two appeals, reduction of compensation is sought by the insurer of the offending vehicle i.e. Tourist Taxi. The bare facts as noted in impugned Award are as under: -

“The facts sans unnecessary details are that on 11.10.2012 at about 12.00 PM, claimant Smruti Ranjan was going on his motorcycle with his neighbour Ms. Soni from Kondli Nagar towards Khoda Village. As he turned towards Khoda Road, a Tourist Taxi bearing registration no. UP-16T-9120, driven by respondent no.1 in a zig zag and reckless manner, coming from Murga Mandi Road, hit the motorcycle. Due to impact, both claimants fell down on the road and sustained grievous injuries. The driver fled away from the spot. Both injured were taken to LBS Hospital. A case FIR No.380/12, under Section 279/338 IPC was registered at Police Station Gazipur, against the respondent no.1.”

4. On the basis of the evidence led, learned Tribunal has granted compensation to injured-claimant-Ms. Soni under the following heads: -

1.

Future Loss of Income

Rs.5,01,396.00

2.

Towards loss of Wages

Rs.43,524.00

3.

Towards pain and sufferings

Rs.60,000.00

4.

Towards servant/attendant charges

Rs.20,000.00

5.

Loss of Amenities and enjoyment of life

Rs.40,000.00

6.

Loss of Marital Prospects

Rs.50,000.00

7.

Towards conveyance and special diet

Rs.20,000.00

8.

Towards medical bills

Rs.15,000.00

 

Total

Rs.7,49,920.00

5. The breakup of the compensation granted by learned Tribunal to injured-claimant-Pinku @ Samruti Ranjan Dash is as under: -

1.

Future Loss of Income

Rs.4,75,956.00

2.

Towards loss of Wages

Rs.52,884.00

3.

Towards pain and sufferings

Rs.60,000.00

4.

Towards servant/attendant charges

Rs.20,000.00

5.

Loss of Amenities and enjoyment of life

Rs.40,000.00

6.

Loss of Marital Prospects

Rs.50,000.00

7.

Towards conveyance and special diet (without bills)

Rs.20,000.00

8.

Towards medical bills

Rs.79,000.00

 

Total

Rs.7,97,840.00

6. As per the impugned Award, injured-claimant-Ms. Soni had suffered permanent disability of 64% in relation to her right lower limb. It is so evident from the Disability Certificate (Ex.PW3/A) whereas injured-claimant-Pinku @ Samruti Ranjan Dash had suffered permanent disability of 58% in the left lower limb, as is evident from the Disability Certificate (Ex.PW3/A).

7. In the above captioned first two appeals, enhancement of compensation is sought on the ground that the functional disability suffered by the injured-claimants is actually 100%. Regarding the claimant-Pinku @ Samruti Ranjan Dash, it is submitted that at the time of this accident, he was only 19 years old and the aspect of “future earnings” has not been taken into consideration in assessing the compensation.

8. Learned counsel for claimant-Pinku @ Samruti Ranjan Dash submits that the disability suffered has considerably reduced the marriage prospects of claimant-Pinku @ Samruti Ranjan Dash and the compensation of Rs.50,000/- granted under this head is wholl




















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