Full Text
Date of Decision: 6th February, 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
JUDGMENT
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. Digitally Page | 2 CORAM: HON'BLE MS.
JUSTICE NEENA BANSAL KRISHNA JUDGMENT (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:
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:
Digitally Page | 3
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:-
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 Digitally Page | 4 v. Loss of Marriage Prospects NIL NIL vi. Loss of earning, inconvenience, hardships, dejectment etc.
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 Future Prospects Rs.2,77,992/- Rs. 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.
JUDGE FEBRUARY 06, 2025 r Digitally