MAC.APP. 971/2016

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MAC.APP. 1077/2016

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: August 07, 2018

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MAC.APP. 971/2016

NAVDEEP SINGH

..... Appellant

Through:

Mr. Varun Sarin and Mr.

Shailendra Singh, Advocates

Versus

LAKHVINDER SINGH & ORS. (M/S NATIONAL INSURANCE

CO LTD)

..... Respondents

Through:

Mr. Pankaj Seth, Advocate for

Insurer

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MAC.APP. 1077/2016

NATIONAL INSURANCE CO LTD.

..... Appellant

Through:

Mr. Pankaj Seth, Advocate

Versus

NAVDEEP SINGH AND ORS.

..... Respondents

Through:

Mr. Varun Sarin and Mr.

Shailendra Singh, Advocates

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

JUDGMENT

(ORAL)

1.

Impugned Award of 25^th July, 2016 grants compensation of

`65,20,000/- with interest @ 9% per annum to injured- Navdeep Singh,

aged 19 years, on account of grievous injuries sustained by him in a

vehicular accident, which took place on 13^th August, 2010.

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2.

In the above captioned first appeal, Injured seeks enhancement in

quantum of compensation awarded, whereas in the above captioned

second appeal, Insurer seeks reduction in the quantum of compensation

awarded by the Tribunal. Since both the appeals arise out of common

impugned Award, therefore, with the consent of learned counsel for the

parties, both the appeals have been heard together and are being decided

by this common judgment.

3.

The factual background of this case, as noticed in the impugned

Award, is as under:-

Hospital.”

4.

To render the impugned Award, Motor Accident Claims Tribunal

(hereinafter referred to as the “Tribunal”) has relied upon evidence of

Injured and as per Disability Certificate of 15^th September, 2014, the

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MAC.APP. 1077/2016

injured had suffered permanent disability of 100% with respect to his

whole body. On the strength of evidence recorded, impugned Award has

been rendered. The breakup of compensation awarded to Injured by

Tribunal is as under:-

Loss for medical expenses

`50,00,000/-

Compensation for pain and suffering

`50,000/-

Compensation for special diet and

conveyance

`1,50,000/-

Loss of future earning capacity/future

income

`5,00,000/-

Compensation for loss of amenities and

enjoyment of life

`1,00,000/-

Attendant charges

`5,00,000/-

Compensation for disfigurement

`20,000/-

Loss of income during treatment

`2,00,000/-

Total

`65,20,000/-

5.

Learned counsel for Injured seeks enhancement in the quantum of

compensation awarded on the ground that the potential income of injured

has not been taken into consideration. Injured’s counsel submits that

Injured was a student of first year of B.Com and had a bright future and

had potential to earn `20,000/- p.m. Counsel for Injured relies upon a

decision of Coordinate Bench of this Court in United India Insurance Co.

Ltd. Vs. Kalpana Mishra & Ors. 2012 IX AD (Delhi) 407 to point out

that addition towards “future prospects” ought to have been made and

instead of lump-sum compensation under the head of “loss of future

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income”, the Tribunal ought to have assessed it by applying appropriate

multiplier.

6.

Attention of this Court has been also drawn to additional evidence

of father of Injured- Balwinder Singh (AW-1); Simran Joshan (AW-2),

sister of the Injured; Dr. Virender (AW-3) and Attendant Sonu Singh(AW-

4). It is pointed out that father of Injured (AW-1) has proved on record the

Mark-Sheet of the Injured, regarding his passing B.Com first year. He has

also deposed in respect of estimate for electronic bed, special mattress for

that bed and electric wheel chair. It is further pointed out that Sister (AW-

2) of Injured has deposed in respect of photographs (Ex.AW-1/9 colly) to

indicate present medical condition of Injured. It is also pointed out that

Dr. Virender (AW-3) has prov