Reliance General Insurance Co Ltd v. Raj Kumar Sharma & Ors.

1. The first respondent suffered injuries in a motor vehicular accident statedly due to negligent driving of motor vehicle described as Tata Ace bearing registration No.DL-1LK-4836, admittedly insured against third party risk for the period in question with the appellant insurance company on 27.07.2009. He filed accident claim case (Suit No.5435/2016) on 31.07.2009 seeking compensation impleading the driver and owner of the said vehicle in addition to the insurer (the appellant).

2. The Motor Accident Claims Tribunal (the tribunal) held inquiry and on the basis of evidence led, by judgment dated 25.11.2016, upheld the claim for compensation on the principle of fault liability, 2017:DHC:4349 awarding compensation in the sum of Rs.2,32,000/- directing the appellant insurer to pay with interest @ nine per cent (9%) per annum. The award has been computed thus:-

┌───────────────────────────────────────────────────────────────────────────────┐
│ Sl.No.                       Head                      Amount in (Rs.)        │
├───────────────────────────────────────────────────────────────────────────────┤
│      1.    Medical expenses                                        16,285/-   │
│      2.    Special diet                                            20,000/-   │
│      3.    Conveyance                                               5,000/-   │
│      4.    Loss of earning during treatment                        20,000/-   │
│      5.    Pain and suffering                                      75,000/-   │
│      6.    Loss of enjoyment of life                               75,000/-   │
│      7.    Costs of proceedings                                    20,000/-   │
│                                               Total             2,31,285/-    │
│                                                             Rounded up as     │
│                                                              Rs.2,32,000/-    │
│ 3.        The insurer is in appeal questioning the computation stating that   │
└───────────────────────────────────────────────────────────────────────────────┘

8. The amount of Rs.75,000/- will be paid as compensation to the first respondent with interest @ nine per cent (9%) per annum from the date of filing of the petition till realization.

9. In terms of order dated 17.01.2017, the appellant has deposited the entire awarded amount with interest with the tribunal. The tribunal shall re-calculate the award as per modification above, releasing the same in favour of the first respondent (the claimant), refunding the excess to the appellant insurance company with statutory amount.

10. The appeal as well as pending application are disposed of in above terms. R.K.GAUBA, J. AUGUST 09, 2017 vk