United India Insurance Co. Ltd. v. Ramesh Kumar & Ors.

1. The first respondent (claimant), then aged 46 years, employed in Delhi Police as Head Constable, suffered injuries in a motor vehicular accident that occurred on 06.07.2006, due to negligent driving of Maruti car bearing registration no.HR-26L-2188, which was admittedly insured against third party risk for the period in question with appellant (insurer). On his accident claim case (MACT Case No.375/2010) instituted on 15.09.2006, the tribunal held inquiry and, by judgment dated 06.03.2012, awarded total compensation in the sum of Rs.11,99,056/-, calculating it thus:- 2017:DHC:7280

┌─────────────────────────────────────────────────────────────────────────────────┐
│      Sl.                          Heads                          Amount         │
│      No.                                                         (in Rs.)       │
├─────────────────────────────────────────────────────────────────────────────────┤
│      1.      Medical expenses                                        42,940/-   │
│      2.      Loss of income                                          21,700/-   │
│      3.      Loss of future income                                 7,54,416/-   │
│      4.      Special diet expenses                                   25,000/-   │
│      5.      Conveyance charges                                      25,000/-   │
│      6.      Future medical treatment expenses                       30,000/-   │
│      7.      Pain, suffering, mental shock and trauma              1,50,000/-   │
│      8.      Loss of amenities and enjoyment of life               1,50,000/-   │
│                                                        Total      11,99,056/-   │
│ 2.         The tribunal directed the insurer to pay the same with interest @    │
└─────────────────────────────────────────────────────────────────────────────────┘

9. The award is modified accordingly.

10. By order dated 17.08.2012, the insurance company had been directed to deposit forty per cent (40%) of the awarded amount (excluding counsel fee and out of pocket expenses) with proportionate interest with UCO Bank, Delhi High Court Branch. The registry shall now calculate the amount payable to the claimant under the modified award and release the same. The insurance company will be obliged to deposit the balance of its liability under the modified award by requisite deposit with the tribunal within thirty days.

11. The statutory deposit shall be refunded upon proof being shown of the award having been satisfied.

12. The appeal is disposed of in above terms. R.K.GAUBA, J. NOVEMBER 27, 2017 vk