National Insurance Co. Ltd. v. Mohan Lal & Ors.

1. The first respondent (the claimant) had instituted accident claim case (MACT Case No. 296/10/07) on 15.11.2007 seeking compensation under Section 166 of Motor Vehicles Act, 1988 for injuries suffered by him in motor vehicular accident that took place on 10.10.2007 involving negligent driving of bus bearing registration no. DL 1PB 1350, admittedly insured against third party risk with the appellant (insurer) for the period in question. After inquiry, the tribunal, by judgment dated 19.01.2012, accepted the case for compensation holding the bus driver responsible. It computed compensation in the total sum of Rs. 7,71,284/-, calculating it thus:-

┌─────────────────────────────────────────────────────────────────────────────────────┐
│      Sl.No.                           Heads                   Compensation          │
├─────────────────────────────────────────────────────────────────────────────────────┤
│         1.     Loss of income                                  Rs. 10,548/-         │
│        2.      Loss of earning capacity                         Rs. 4,60,736/-      │
│         MAC App. No. 443/2012                              Page 1 of 3              │
│                                                                     2017:DHC:7029   │
│      3.      Special diet                                Rs. 10,000/-               │
│      4.      Conveyance charges                          Rs. 20,000/-               │
│      5.      Attendant charges                           Rs. 20,000/-               │
│      6.      Pain & sufferings                           Rs.1,00,000/-              │
│      7.      Loss of amenities and enjoyment of life    Rs. 1,00,000/-              │
│      8.      Future medical expenses                    Rs. 50,000/-                │
│                                             TOTAL       Rs. 7,71,284/-              │
└─────────────────────────────────────────────────────────────────────────────────────┘

9. Following the consistent view taken by this Court, the rate of interest is, however, increased to 9% per annum from the date of filing of the petition till realization. [see judgment dated 22.02.2016 in MAC.APP. 165/2011 Oriental Insurance Co Ltd v. Sangeeta Devi & Ors.]

10. By order dated 27.04.2012, the insurance company had been directed to deposit the entire awarded amount with upto date interest with interest with UCO Bank, Delhi High Court Bank. By subsequent order 02.11.2012, 75% of the deposited amount was permitted to be released to the claimant. The registry shall now calculate the balance payable to the claimant under the modified award and release the same, refunding the excess, if any, in deposit with the corresponding interest to the insurance company along with statutory deposit.

11. The appeal is disposed of in above terms. R.K.GAUBA, J. NOVEMBER 16, 2017