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2018 Supreme(Del) 1233
IN THE HIGH COURT OF DELHI AT NEW DELHI
J.R. MIDHA, J.
New India Assurance Co Ltd. - Appellant
Versus
Dilip Kumar & Ors. - Respondents
MAC.APP. 136 of 2017
Decided On : 25-05-2018
For the Appellant :Mr. S.P. Jain, Mr. Himanshu Gambhir, Ms. Amandeep Kaur and Mr. Abhijit Chakravarty, Advocates.
For the Respondents:Mr. Praveen Kapoor and Mr. Arjan Dev, Advocates
The main legal point established in the judgment is the assessment of earning capacity and future prospects in determining compensation for motor vehicle accident victims.
Headnote:
Compensation - Motor Vehicle Accident - Sections 279/337/338 of IPC - Oriental Insurance Company Ltd. v. Deo Patodi, (2009) 13 SCC 123, New India Assurance Company Limited v. Ganga Devi, MANU/DE/3623/2009, Ramesh Chand Joshi v. New India Assurance Company Limited MAC. APP. 212- 13/2006, HDFC Ergo General Insurance Co. Ltd. v. Rattan Kumar Dwivedi, 2017 SCC OnLine Del 9874, HDFC Ergo General Insurance Co. Ltd. v. Lalta Devi, 2015 ACJ 2526, United India Insurance Company Limited v. Anita, 2017 SCC OnLine Del 11152, Bharti AXA General Insurance Co. Ltd. v. Upender Kumar Shastri, 2018 SCC OnLine Del 7855
Fact of the Case:
The appellant challenged the award of the Claims Tribunal of Rs.75,40,621/- compensation to respondents No.1 and 2 for the death of Prateek Kumar in a motor vehicle accident. Prateek suffered severe injuries and succumbed to them, resulting in 100% disability and death. The claimants, Prateek's parents, sought compensation for medical expenses and loss of future income.
Finding of the Court:
The court upheld the award of compensation, considering the negligent driving of respondent No.3, the severity of Prateek's injuries, and the loss of future income. The court adjusted the earning capacity of the deceased based on precedents and enhanced the compensation amount.
Issues: Negligence of the driver, nexus between injuries and death, medical expenses, earning capacity assessment, future prospects, and appropriate multiplier.
Ratio Decidendi: The court relied on precedents to determine the earning capacity of the deceased and applied the appropriate multiplier according to the age of the deceased. The court also considered the severity of injuries, medical expenses, and loss of future income in reaching the decision.
Final Decision: The court dismissed the appeal and upheld the compensation amount of Rs.75,40,621/-, adjusting the earning capacity and enhancing the compensation based on the severity of injuries and loss of future income.
1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.75,40,621/- has been awarded to respondents No.1 and 2.
2. On 1st March, 2012 at about 1:30 A.M, Prateek Kumar and his friends were going from Connaught Place to Saket in a Mahindra Scorpio car bearing No.HR- 11C- 6677 being driven by respondent No.3. Respondent No.3 lost control of the vehicle near Gate No.1 of National Gallery of Modern Art, India Gate Outer Circle, Delhi due to which the vehicle struck against a tree and turned turtle. The police registered FIR No.33/2012 dated March, 2012 against respondent no.3 under Sections 279/337/338 of IPC at P.S. Tiles Marg.
3. Prateek was sitting in the back seat of the offending vehicle, suffered hemorrhage in left frontal region; multiple fracture greated wing of sphenoid; fracture in left temporal parietal bone; fracture right mastoid with fracture sphenoid sinus; B/L hemothorax with collapse of B/L posterior basal segment; pneumothorax with multiple contusion; fracture of 6- 7 and 8 ribs; diffuse axonal head injury with HPA suppression and spinal cord injury of D5D6 vertebra. Prateek was taken to RML Hospital, where he was admitted for treatment. On 15th March, 2012, Prateek was shifted to Sir Ganga Ram Hospital for further treatment where he remained admitted till 03rd June, 2012. On 04th June, 2012, Prateek was taken to Nishant Hospital, Lucknow and he remained admitted there from 04June, 2012 to 08July, 2012; 26July, 2012 to 27July, 2012; 13th February, 2013 to 1st March, 2013; 05th June, 2013 to 15th June, 2013; 18th June, 2014 to 25th June, 2014. He was admitted to NuTech MediWorld Hospital, New Delhi from 06 January, 2014 to 04th April, 2014.
4. The injuries suffered by Prateek resulted in 100% disability relating to Post- traumatic paraplegia with B/B involvement and loss of vision (left) as per the disability certificate dated 04August, 2013 (PW- 1/25). Prateek remained bedridden for about 27 months and could not recover from the injuries suffered by him. Prateek succumbed to his injuries on 04July, 2014 at R.D.S.O. Hospital, Manak Nagar, Lucknow.
5. Prateek was aged 22 years at the time of the accident. He passed Senior Secondary School in the year 2008 with 82% marks and was pursuing B.Sc.(Nautical Science) six semester course jointly conducted by Directorate General of Shipping and Indira Gandhi National Open University (IGNOU). Prateek had completed the fifth semester of the six semester course. Prateek completed Pre- Sea Cadet course from Maritime Institute, Mumbai in the first and second semesters. Prateek completed 18 months training with Shipping Corporation of India in the third, fourth and fifth semesters and was getting a stipend of Rs.10,000/- per month plus other perks.
6. Prateek was survived by his parents who are respondents No.1 and 2, hereinafter referred to as ‘the claimants’. The claimants claimed compensation of Rs.3 crores including Rs.60 lakhs spent on the medical treatment of Prateek before his death i.e. from 1st March, 2012 to 4July, 2014. According to the claimants, the deceased would have earned Rs.1 lakh per month after completing B.Sc. (Nautical Science).
7. Respondent No.1 (father of the deceased) appeared in the witness box as PW- 1 and proved the injuries suffered, treatment taken as well as the expenditure incurred on the treatment of Prateek. PW- 1 also proved the academic and professional qualifications of the deceased. PW- 1 also proved passport of Prateek as Ex.PW1/1, ICSE Board Certificate as Ex.PW1/2, Senior School Certificate as Ex.PW1/3, Diploma in Nautical Science as Ex.PW1/4, medical examination reports as Ex.PW1/5 to Ex.PW1/7, certificates of on- board training for 18 months as Ex.PW1/8 to Ex.PW1/10, prospectus of B.Sc. (Nautical Science) as Ex.PW1/11, certificate issued by Capt. SSS Rewari, ARI Charitable Trust, Saket as Ex.
