Bajaj Allianz General Insurance Co. Ltd. v. Tarun Jain & Ors.

1. The first respondent (claimant), then aged 19 years, suffered injuries in a motor vehicular accident that occurred on 21.06.2010 due to negligent driving of Innova car bearing registration no.KA-03-ME- 8316, which was admittedly insured against third party risk for the period in question with appellant (insurer). On his accident claim case (MACT No.35/2011) instituted on 28.01.2011, the tribunal held inquiry and, by judgment dated 14.05.2012, awarded total compensation in the sum of Rs.4,33,871/-, calculating it thus:-

┌────────────────────────────────────────────────────────────────────────────────────────────┐
│      Sl.                          Heads                      Amount                        │
│      No.                                                      (in Rs.)                     │
├────────────────────────────────────────────────────────────────────────────────────────────┤
│      1.      Medical bills                                     1,83,037/-                  │
│            MAC App. No.882/2012                                Page 1 of 3                 │
│                                                                            2017:DHC:7282   │
│      2.     Future medical expenses                             50,000/-                   │
│      3.     Special diet                                        25,000/-                   │
│      4.     Conveyance charges                                  10,000/-                   │
│      5.     Loss of income                                      15,834/-                   │
│      6.     Pain, suffering, inconvenience, frustration       1,50,000/-                   │
│             and loss of temporary amenities, etc.                                          │
│                                                     Total     4,33,871/-                   │
│ 2.        The liability to pay the above mentioned awarded amount was                      │
└────────────────────────────────────────────────────────────────────────────────────────────┘

7. By order dated 17.08.2012, the insurance company had been directed to deposit seventy five per cent (75%) of the awarded amount (excluding counsel fee and out of pocket expenses). By subsequent order dated 17.05.2013, sixty per cent (60%) of the deposited amount was released to the claimant. The registry shall now release the balance lying in the deposit to the claimant with accrued interest.

8. The insurance company will be obliged to satisfy the remainder of the award by requisite deposit with the tribunal within thirty days.

9. In view of the absence of insurance company at the hearing, the statutory deposit is forfeited as costs in favour of Delhi High Court Legal Services Committee. R.K.GAUBA, J. NOVEMBER 27, 2017 vk