ICICI Lombard General Insurance Co Ltd v. Rameshwar & Ors.

1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.44,56,618/- has been awarded to respondent No.1.

2. On 18th September, 2006 at about 07:20 pm, respondent No.1 was travelling as a pillion rider of motorcycle bearing No. DL-8SNA- 3733 being driven by Ram Singh, when they were hit by Haryana Roadways bus bearing No. HR-55D-2670 which resulted in 82.06% permanent disability to respondent No.1. The Claims Tribunal awarded Rs.18,90,000/- towards loss of earning capacity, Rs.1,48,290/- towards medical expenses, Rs.2,00,000/- towards pain 2017:DHC:168 and suffering, Rs.2,00,000/- towards loss of enjoyment of life, Rs.50,000/- towards conveyance/rent of accommodation and Rs.19,67,328/- towards attendant charges. The Claims Tribunal awarded the total compensation of Rs.44,55,618/-.

3. Learned counsel for the appellant urged at the time of the hearing that the compensation awarded under the heads of attendant charges is extraordinarily high. It is submitted that the Claims Tribunal took the minimum wages of Rs.3,312/-, added 50% towards inflation and multiplied the same with the 33 years to compute Rs.19,67,328/-. It is further submitted that the compensation awarded under the heads of loss of earning capacity is also on higher side.

4. Learned counsel for the claimants submits that the injured, Rameshwar expired on 01st November, 2016 and is survived by his mother, widow, two sons and two daughters, who have been substituted in place of the injured on 02nd January, 2017. The deceased suffered 82.06% permanent disability due to the accident dated 18th September, 2006. The Claims Tribunal took the minimum wages of Rs.3,312/- in respect of an unskilled person and added 50% towards inflation to compute Rs.4,968/- as the monthly wages of the attendant. The injured has expired on 01st November, 2016 when the minimum wages were Rs.9,048/-. In that view of the matter, the amount of Rs.4,968/- per month towards monthly charges of attendant is fair and reasonable. However, the period of 33 years taken by the Claims Tribunal is reduced to 10 years considering that the injured expired on 01st November, 2016. Taking the wages of the attendant as Rs.4,968/and taking the period as 10 years, the attendant charges are computed as Rs.5,96,160/-. The attendant charges awarded by the Claims Tribunal are reduced from Rs.19,67,328/- to Rs.5,96,160/-.

5. The appellant seeks reduction of the compensation awarded under the heads of loss of earning capacity whereas the claimants are seeking enhancement of the compensation under the heads of loss of earning capacity. This Court is of the view that the compensation awarded by the Claims Tribunal under the head of loss earning capacity is just, fair and reasonable and does not warrant any interference.

6. The appeal is allowed and the award amount is reduced from Rs.44,55,618 to Rs.30,84,450/- along interest @ 9 % per annum from the date of filing of the claim petition i.e. 16th December, 2006.

7. The appellant has deposited Rs.44,30,618/- on 29th January, 2016 and the said amount is lying in fixed deposit. The registry shall confirm the balance as on today in the FDR including the interest earned on the FDR.

8. The Accounts Officer of this Court shall calculate of the amount to which the legal representatives of deceased respondent No.1 are entitled in terms of this judgment.

9. List for directions on 03rd February, 2017 at 02:30 pm. The order of disbursement award amount shall be passed on the next date of hearing.

10. All the claimants are present in Court today. The claimants shall open an individual savings bank account near the place of their residence and one of the claimant shall remain present along with the particulars of the savings back account of all the claimants.

11. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master.

JANUARY 10, 2017 J.R. MIDHA, J. ak