Mukesh Kumar Thakur v. Bajaj Allianz General Insurance Co Ltd

1. This application has been filed by the appellant being aggrieved of the non-deposit of the entire compensation awarded vide Award dated 26.09.2018 passed by the learned Motor Accidents Claims Tribunal, East District, Karkardooma Courts, Delhi (hereinafter referred to as the ‘Tribunal’) in MACT No. 455/2014, and as enhanced by the judgment and order dated 16.12.2019 passed by this Court in the present appeal.

2. This Court, while dismissing all the cross-appeals of the Insurance Company, vide order dated 16.12.2019, directed enhancement of the compensation amount payable to the appellant/claimant/applicant herein, as under:-

3. The learned counsel for the appellant/applicant points out that in the Impugned Award, towards the loss of future income, a compensation of Rs.7,75,000/- had been awarded by the learned Tribunal. This, in terms of the judgment of this Court dated 16.12.2019, stood enhanced to Rs.12,89,434/-. The respondent no.1/the Insurance Company was, therefore, to deposit the balance amount of Rs.5,14,434/-, along with interest at the rate of 9% per annum from the date of filing of the claim petition till the deposit of the same before this Court, on account of the enhancement granted.

4. He further submits that this Court, by its judgment and order dated 16.12.2019, also awarded compensation for deformity at Rs.3,50,000/- in favour of the appellant/applicant. The learned Tribunal on this head had awarded only a sum of Rs.2,00,000/-. The Insurance Company was, therefore, to deposit the additional amount of Rs.1,50,000/- along with the interest before this Court.

5. He submits that therefore, the total amount which is to be deposited by the Insurance Company in view of the judgment and order dated 16.12.2019 of this Court was Rs.6,64,434/along with interest. This Court, by its judgment and order dated 16.12.2019, had directed the Insurance Company to make such deposit within a period of three weeks from the date of receipt of the order, and the said amount was to be released directly to the bank account of the appellant. In spite of repeated requests, the respondent/Insurance Company did not deposit this amount, forcing the appellant/applicant, who is even otherwise injured with 63% permanent disability in the accident, to move this present application.

6. The learned counsel for the Insurance Company submits that there is some ambiguity in the judgment and order dated 16.12.2019, as it did not clarify whether the Insurance Company is to deposit a further sum of Rs.16,39,434/- or only the enhanced amount of Rs.6,64,434/- along with the interest. He submits that because of this ambiguity, the amount was not deposited with this Court in compliance with the judgment and order of this Court.

7. I find absolutely no merit in the submission made by the learned counsel for the Insurance Company. The judgment and order dated 16.12.2019 is absolutely clear inasmuch as it enhances the compensation which is payable on two heads mentioned therein. This was to be juxtaposed with the compensation which was awarded by the learned Tribunal on these two heads, and the enhanced amount was to be deposited in terms of paragraph 13 of the judgment and order of this Court, by the Insurance Company within a period of three weeks from the date of the receipt of the copy of the order of this Court.

8. I may note that the judgment of this Court was passed on 16.12.2019. If there was any ambiguity in the mind of the Insurance Company, while I cannot believe that there can be any, it was for the Insurance Company to have moved an application seeking clarification of the judgment and order of this Court rather than waiting for the Claimant, who had already suffered and is continuously suffering, to move his application complaining of non-deposit.

9. In view of the specific direction of this Court to the Insurance Company to deposit with this Court the enhanced compensation granted to the appellant, the present application is allowed. The Insurance Company is directed to deposit the enhanced compensation of Rs.6,64,434/- along with the interest as provided in paragraph 13 of the judgment and order dated 16.12.2019 of this Court, within a period of three weeks from today. It is made clear that, in case, the Insurance Company defaults in making this deposit, strict view of the matter shall be taken against its officers. The Insurance Company shall also pay costs quantified at Rs.25,000/- for this application to the applicant, which shall be paid within the same period as mentioned hereinabove.

10. The calculation of the amount deposited shall be handed over by the learned counsel for the Insurance Company to the learned counsel for the appellant/applicant along with the proof of such deposit, positively within a period of four weeks from today.

11. The application is disposed of in the above terms.

NAVIN CHAWLA, J AUGUST 1, 2023/rv/am