Allowed

Raj Kumar v. Icici Lombard Gen Ins Co. Ltd. & Anr.

Delhi HC3 Dec 2024MAC.APP./190/2023

Case brief

AI extract

What is this about?

In this appeal under Section 173 of the Motor Vehicles Act, 1988 against a compensation award of Rs.1,25,000/-, the Court enhanced the compensation to Rs.2,60,000/- considering loss of one month's salary, future treatment needs, pain and suffering, and increased the interest rate from 6% to 9% per annum.

What did the court decide?

Award enhanced to Rs.2,60,00/- with interest at 9% per annum; Insurance Company directed to deposit within 30 days.

Raj Kumar Vs Icici Lombard Gen Ins Co. Ltd. & Anr. — Motor Accident Claims | Delhi HC (2024)

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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: 03^rd December, 2024

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- MAC.APP. 190/2023

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RAJ KUMAR .....Appellant Through: Mr. Anshuman Bal, Advocate

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Versus

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ICICI LOMBARD GEN INS CO. LTD. & ANR. .....Respondents Through: Ms. Suman Bagga, Advocate

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CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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J U D G M E N T (oral)

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The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against Award dated 05.01.2023 wherein compensation in the sum of Rs.1,25,000/- along with interest @6% per annum has been granted on account of the injury suffered by Sh. Raj Kumar in road accident dated 25.11.2021.

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The Appellant is seeking enhancement of the compensation on the following grounds: -

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(i) that he was earning Rs.66,635/- per month and could not work for three months, and was entitled to ‘Loss of Income ’,

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(ii) compensation be awarded on account of Pain and Sufferings ;

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(iii) compensation of Rs.30,000/awarded under the ‘ Expenditure on Treatment ’ is required to be enhanced; and

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(iv) Interest awarded at the rate of 6% is on the lesser side and is

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MAC.APP 190/2023 Page 1 of 5 Signature Not Verified DigitallySigned By:VIKAS ARORA Signing Date: 23.1 2.2024 17:11:34

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required to be enhanced.

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On the other hand, learned counsel on behalf of the Insurance Company has submitted that amount awarded under the heads of Loss of Income and Expenditure on Treatment , are as per medical record of the appellant, who remained in hospital from 25.11.2021 till 06.12.2021 and thus, suffered loss of income only for one month. The compensation has been fairly assessed and the Appeal has no merit.

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Submissions heard and record perused. 5. Briefly stated, on 25.11.2021 at about 07:30PM, the injured/Raj Kumar along with Rishikesh Kumar, was going from their Office to their home, on Scooty bearing No.DL-9S-BM-9519. When they reached G.L. Sikka Marg, a car bearing No. UP-14-DX-6260 came from behind at a very high speed in a rash and negligent manner and hit the Scooty because of which they both fell and suffered injuries. They were taken to the Max Hospital for treatment. He suffered Tibeal Plateau Fracture Left and was admitted in the hospital from 30.11.2021 till 06.12.2021.

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An FIR No. 635/2021 was registered under Section 279/337 of the IPC at P.S. Patel Nagar. The Chargesheet after due investigations, was filed against the driver of the offending vehicle. The Claim/DAR was filed on 24.02.2022. Compensation was granted in the sum of Rs.1,25,000/- along with interest @ 6% per annum.

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Loss of Income: -

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The first ground on which enhancement of compensation is sought that Loss of Income should have been granted for three months. The appellant has fairly conceded that he remained on leave only for one month and thereafter, he resumed ‘work from home’ .

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MAC.APP 190/2023 Page 2 of 5 Signature Not Verified DigitallySigned By:VIKAS ARORA Signing Date: 23.1 2.2024 17:11:34

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Considering the nature of injuries and submissions made and in the facts of the case, the appellant is granted Rs.67,000/- as “Loss of Salary’ for one month.

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Expenditure on Treatment: -

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The Ld. Tribunal has observed qua medical expenditure of the individual, that the though the Final Bill Summary, Ex. PW1/RX-1 notes the final bill of Rs.1,38,135.79/-, but Rs.1,34,427/- was paid by Vipul Medcorp Insurance TPA Pvt. Ltd. and the remaining Rs.3,709/- by the injured.

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The Ld. Tribunal has rightly held that since the major Bill was paid by Vipul Medcorp Insurance from the compensation, the amount of Rs.3,709/- as paid by the Appellant, has been rightly granted.

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Thus, the Injured/Appellant is not entitled to any enhanced compensation for medical expenditure.

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Expenditure on Future Treatment: -

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The expenditure on Future Treatment awarded at Rs.35,000/- is enhanced to Rs.50,000/- to enable him to remove the rod, in future.

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Compensation for Pain and Suffering: -

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The compensation of Rs.40,000 awarded under the head Compensation for mental and physical shock . He is also granted compensation in the sum of Rs. 50,000/- for pain and suffering, having regard to the nature of injuries.

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Enhancement of rate of Interest: -

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Considering that the accident took place on 25.11.2021and the prevailing interest rate, the interest awarded @6% on the compensation amount is increased to 9% p.a.

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MAC.APP 190/2023 Page 3 of 5 Signature Not Verified

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DigitallySigned By:VIKAS ARORA Signing Date: 23.1 2.2024 17:11:34

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15. The modified compensation is calculated as under:-

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Sr. No.	Heads	Awarded by the Claims Tribunal	Awarded by this Court
11.	PecuniaryLoss
(i)	Expenditure on Treatment	30,000/-	Rs.30,000/-
(ii)	Expenditure on Conveyance (no document)	10,000/-	Rs.10,000/-
(iii)	Expenditure on Special Diet (no document)	10,000/-	Rs.10,000/-
(iv)	Cost of Nursing/ attendant (no document)	Nil	Nil
(v)	Loss of earningcapacity	Nil	Nil
(vi)	Loss of Income	Nil	Rs.67,000/-
(vii)	Any other loss which may require any special treatment or aid to the injured for the rest of hislife	Rs.35,000/-	Rs.50,000/- (future treatment)
12.	Non Pecuniary Loss
(i)	Compensation for mental and physical shock	Rs.40,000	Rs.40,000/-
(ii)	Painand sufferings	Nil	Rs. 50,000/-
(iii)	Loss of Amenities	Nil	Nil
(iv)	Disfiguration	Nil	Nil
(v)	Loss of marriage prospects	Nil	Nil
(vi)	Loss of earning, inconvenience, hardships, disappointment, frustration, mental stress, dejectment and unhappiness in future	Nil	Nil

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MAC.APP 190/2023 Page 4 of 5 Signature Not Verified DigitallySigned By:VIKAS ARORA Signing Date: 23.1 2.2024 17:11:34

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	life etc.
13.	Disability resulting in loss of earning capacity
(i)	Percentage of disability assessed and nature of disability as permanent ortemporary	Nil	Nil
(iii)	Percentage of loss of earning capacity in relationto disability	Nil	Nil
(iv)	Loss of future income (income x% earning capacityX multiplier)	Nil	Nil
14	Total	Rs.1,25,000/-	Rs.2,60,000/-
15.	Interest Awarded	6%	9%

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Relief: -

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The In view of the above, the Claimant is awarded total compensation of Rs.2,60,000/- along with the interest @9% per annum from the date of filing of the Petition till realization; to be disbursed in terms of the Award dated 05.01.2023. The Insurance Company is directed to deposit the enhanced Awarded amount within 30 days with the learned Tribunal.

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The Appeal is allowed and disposed of accordingly along with the pending Application(s), if any.

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NEENA BANSAL KRISHNA, J

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DECEMBER 03, 2024

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MAC.APP 190/2023 Page 5 of 5

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Signature Not Verified

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DigitallySigned By:VIKAS ARORA Signing Date: 23.1 2.2024 17:11:34

Raj Kumar v. Icici Lombard Gen Ins Co. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

Raj Kumar v. Icici Lombard Gen Ins Co. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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