National Insurance Company Ltd. v. Prashant Kumar Sharma & Ors.

1. The first respondent (claimant) was the petitioner before the tribunal, in accident claim case (MACT No.942/10/07) instituted on 05.10.2007, which was decided by the tribunal, by judgment dated 26.04.2012, returning a finding that he had sustained injuries and consequently suffered permanent disablement, on account of motor vehicular accident that had occurred on 10.11.2006, due to rash driving of Maruti car bearing registration No.DL-1CF-1366, which was admittedly insured against third party risk for the period in question with the appellant (insurer). The tribunal concluded that the claimant had suffered functional disability to the extent of fifty per cent (50%) and, on that basis, granted the award in the total sum of Rs.23,93,500/-, calculating it thus:- 2017:DHC:7393

┌───────────────────────────────────────────────────────────────────────────────┐
│ Sl.No.                           Heads                          Amount        │
│                                                                 (in Rs.)      │
├───────────────────────────────────────────────────────────────────────────────┤
│      1.      Medical expenses                                      23,500/-   │
│      2.      Future medical expenses                            1,00,000/-    │
│      3.      Loss of future income etc.                        19,12,500/-    │
│      4.      Special diet                                          10,000/-   │
│      5.      Conveyance                                            10,000/-   │
│      6.      Loss of income for six months                         75,000/-   │
│      7.      Damage of laptop                                      37,500/-   │
│      8.      Pain and sufferings and trauma                        50,000/-   │
│      9.      Loss of amenities & enjoyment of life                 75,000/-   │
│  10.         Loss of marriage prospect                          1,00,000/-    │
│                                                      TOTAL     29,93,500/-    │
│ 2.        The insurer was directed to pay the above mentioned amount          │
└───────────────────────────────────────────────────────────────────────────────┘

11. Needless to add, the award shall carry interest as levied by the tribunal.

12. There being no justification for such inclusion, directions in the impugned order about counsel fee and out of pocket expenses are set aside.

13. By order dated 01.08.2012, the insurance company had been directed to deposit fifty per cent (50%) of the awarded amount excluding counsel fee with UCO Bank, Delhi High Court Branch, New Delhi. By order dated 17.04.2013, fifty per cent (50%) of the deposited amount was released to the claimant.

14. It appears that the tribunal had recovered the entire amount by attachment in the course of execution proceedings. In these circumstances, it is directed that if the amount was deposited with it the registry shall recalculate the amount payable to the claimant in terms of the modifications ordered above and release the balance, if any, to the claimant, refunding the excess, if any, to the insurance company along with statutory deposit. Similar exercise will also be carried out at the end of the tribunal for needful further directions.

15. The appeal along with pending application stands disposed of in above terms. R.K.GAUBA, J. NOVEMBER 30, 2017 vk