The United India Insurance Company Limited v. Hem Raj @ Rahul & Ors.

1. The accident claim case (MACT No.951/10), instituted on 07.07.2010, by the first respondent (the claimant) resulted in judgment dated 01.09.2012 being passed by the motor accident claims tribunal, awarding compensation in the total sum of Rs.15,60,302/- in his favour with interest @ 9% per annum, fastening the liability on the appellant (insurer) to pay, it concededly being the insurer against third party risk in respect of the truck bearing registration No.DL-1GB- 4247 the negligent driving of which has given rise to the cause of action.

2. The compensation was calculated thus:- 2017:DHC:7724

┌───────────────────────────────────────────────────────────────────────────────────┐
│ Sl.No.                       Heads                      Amount (in Rs.)           │
├───────────────────────────────────────────────────────────────────────────────────┤
│      1.      Medical expenses                                         18,092/-    │
│      2.      Loss of future income etc.                          12,32,010/-      │
│      3.      Special diet                                             20,000/-    │
│      4.      Conveyance Expenses                                      20,000/-    │
│      5.      Loss of income for 12 months                             70,200/-    │
│      6.      Pain and sufferings & trauma                            1,00,000/-   │
│      7.      Loss of amenities & enjoyment of life                   1,00,000/-   │
│                                                Total             15,60,302/-      │
│ 3.        The insurer by the appeal at hand has questioned the calculation        │
└───────────────────────────────────────────────────────────────────────────────────┘

8. The insurance company made no efforts during the inquiry to call upon the driver or the owner of the offending vehicle to bring on record the endorsement in terms of Rule 9 of Central Motor Vehicles Rules, 1989. In these circumstances, the plea for exoneration cannot be allowed.

9. By order dated 14.12.2012, the insurance company was called upon to deposit 50% of the award with upto date proportionate interest with the tribunal which was permitted to be released to the claimant. The insurance company will be obliged to deposit balance of its liability under the modified award with the tribunal within thirty days. The entire enhanced portion of the award along with accrued interest would be released to the claimant in the form of interest bearing fixed deposit receipts to be taken out from a nationalized bank for a period of ten years with right to draw periodic interest.

10. The statutory amount deposited by the insurance company stands forfeited as costs in favour of Delhi High Court Legal Services Committee.

11. The appeal along with pending application stand disposed of in above terms. R.K.GAUBA, J. DECEMBER 11, 2017 vk