Oriental Insurance Company Ltd v. Neha Adhukiya & Ors.

1. At the outset the learned counsel for R-1 submits that spelling of the name of R-1 has been misspelt and it should read as „Neha Adhukiya‟ instead of „Neha Adukiya‟. In view of the above, it is directed that the name of R-1 shall read as “Ms. Neha Adhukiya w/o Sh. Pratik Adukiya”.

2. This appeal impugns the award of compensation on the grounds that the compensation of Rs.[2] lacs each towards „loss of enjoyment of life & amenities‟ and „pain and sufferings‟ and Rs.50,000/- towards „compensation for mental & physical shock‟ is on the higher side.

3. It is not in dispute that the injured is a young lady, who at the prime of her life, at 29 years, suffered an unfortunate injury resulting in severe 2019:DHC:3403 disfigurement of her face and underwent hospitalization for medical treatment. Even today, she has not fully recovered and further treatment would be required apropos realignment of her jaw and teeth. In view of the above, the argument that compensation under the abovementioned heads is on the higher side is untenable and is accordingly rejected.

4. The other argument is that the award of Rs.7.[5] lacs towards future medical treatment expenses is unwarranted and award of interest on a liability which is yet to occur, is illegal.

5. Mr. Sunil Dalal, the learned counsel for R-1 promptly states that indeed the award of interest on future treatment expenditure should be removed. It is so ordered. Apropos the said amount of Rs.7.[5] lacs, no bills have been submitted and expenditure under this head is yet to be incurred.

6. Therefore, the Court is of the view that this amount of Rs. 7.[5] lacs shall be available for reimbursement to R-1 as and when expenses are incurred by her in future. In the circumstances, let the appellant file an undertaking to the effect that they will reimburse the victim/R-1towards the expenses which are incurred for treatment by her in future to the extent of Rs.7.[5] lacs, upon medical bills being submitted by her to the appellant. It would be in the fitness of things that R-1 intimates the insurance company/appellant about any treatment or likely treatment at any particular hospital or by medical consultants, either prior or during or after such treatment. In any case, upon submission of the medical bills, the insurance company shall promptly reimburse her the amount of bills directly into her bank account being SB account no. 37566260257; IFSC Code SBIN 0070757, SBI, Sector-22, Dwarka, New Delhi. The insurance company shall be liable to pay the reimbursement amount only up to Rs.7.[5] lacs towards future treatment expenditure.

7. Let an undertaking, in terms of the above, be filed by a person duly authorised by the insurance company and such person shall not be less than the rank of a Manager. The undertaking shall be filed within three weeks with an advance copy to the learned counsel for the respondent.

8. For now, of the awarded amount which has been deposited by the appellant an amount of Rs.7.[5] lacs along with corresponding interest accrued thereon, shall be returned to the insurance company upon their furnishing an undertaking in terms of this order. The statutory amount with interest be returned to the insurance company.

9. The appeal is disposed off in the above terms.

NAJMI WAZIRI, J. JULY 16, 2019