Dismissed

Iffco Tokio General Insurance Company Ltd. v. Kishore Sharma and Ors.

Delhi HC23 May 2018MAC.APP./602/2017

Case brief

AI extract

What is this about?

This single-judge court dismissed the appellant insurer's appeal against the Claims Tribunal award of Rs. 4,42,000 in a motor accident claim. The court held the awarded compensation reasonable after inspecting the respondent's injury condition.

What did the court decide?

Appeal dismissed; Claims Tribunal directed to release the balance award amount to the respondent.

Iffco Tokio General Insurance Company Ltd. Vs Kishore Sharma and Ors. — Insurance | Delhi HC (2018)

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$~24

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 23^rd May, 2018

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- MAC.APP. 602/2017 and C.M. Appl. 24824/2017

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IFFCO TOKIO GENERAL INSURANCE COMPANY LTD ..... Appellant

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Through: Mr. Pankaj Gupta proxy for Ms. Suman Bagga, Advocate

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versus

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KISHORE SHARMA AND ORS ..... Respondents Through: Mr. R.K. Bachchan, Advocate for respondent No.1

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CORAM: HON'BLE MR. JUSTICE J.R. MIDHA]

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JUDGMENT (ORAL)

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The appellant has challenged the award of the Claims Tribunal whereby Rs.4,42,000/- has been awarded to respondent No.1.

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On 25^th February, 2015 at 09:30 P.M., the respondent No.1 was driving the motorcycle No.DL-7S BB-8970 which was hit by Eicher truck No.DL-1M-7125 which resulted in intercondylar distal humerus fracture on left elbow and diffuse swelling and tenderness to Kishore. The operation for ORIF (Open Reduction and Internal Fixation) and plating was performed on the left elbow of Kishore on 03^rd March, 2015 in BJRM Hospital, Delhi. Respondent No.1 remained admitted from 10^th September, 2015 to 18^th September, 2015 for the operation for removal of plate in BJRM Hospital, Delhi.

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The Claims Tribunal awarded Rs.9,450/- towards medical expenses, Rs.15,000/- towards special diet, Rs.15,000/- towards conveyance charges,

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Page 1 of 2

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MAC .APP. 602/2017

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Rs.50,000/- towards cost for removal of steel implant, Rs.51,792/- towards loss of income during treatment, Rs.1,50,000/- towards pain and suffering and Rs.1,50,000/- towards loss of enjoyment of life. The total compensation of Rs.4,42,000/- is awarded.

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Learned counsel for the appellant urged at the time of hearing that the compensation of Rs.1,50,000/- awarded under the head of pain and suffering and Rs.1,50,000/- awarded under the head of loss of enjoyment of life is on a higher side.

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Learned counsel for respondent No.1 submits that the compensation amount is just, fair and reasonable.

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Respondent No.1 is present in Court and his condition has been seen. This Court is of the view that the amount awarded to respondent No.1 is just, fair and reasonable and does not warrant any reduction.

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The appeal is dismissed. Pending application is disposed of.

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The appellant has deposited the entire award amount with the Claims Tribunal out of which 30% amount has already been released to respondent No.1.

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The Claims Tribunal is directed to release the balance amount to respondent No.1 in terms of the award.

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

MAY 23, 2018 rsk

J.R.MIDHA, J.

Page 2 of 2

MAC .APP. 602/2017

Iffco Tokio General Insurance Company Ltd. v. Kishore Sharma and Ors.

Case brief

What is this about?

What did the court decide?

Iffco Tokio General Insurance Company Ltd. v. Kishore Sharma and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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