Supreme Court - Daily Orders
Hari Om Const. vs National Insurance Company Ltd. on 13 October, 2022
Bench: Hemant Gupta, Sudhanshu Dhulia
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.7262-63 OF 2022
(Arising out of SLP(Civil) Nos.8196-97 of 2018)
HARI OM CONST. APPELLANT
VERSUS
NATIONAL INSURANCE COMPANY LTD. & ORS. RESPONDENTS
O R D E R
Leave granted.
The challenge in the present appeals is to an order passed by the High Court of Delhi on 03.11.2017 whereby the appellant, who was driving the motorcycle and one Rajinder Singh, who was the pillion rider met with an accident with a tempo bearing Registration No.HR 38 K 7828 in the area of Police Station Kashmiri Gate, Delhi.
The appellant has suffered multiple fracture and dislocation of the left elbow, nailing of right tibia and femur bone. The appellant undergone several surgical procedures including reconstruction of right elbow. The Board of Doctors assessed the permanent disability to the extent of 45%. The Tribunal while taking into consideration the emoluments of the appellant as Rs.18,941/- per month applied the multiplier of 16 keeping in view the age of the appellant as 32 years. Signature Not Verified Digitally signed by ARJUN BISHT Thus, the total compensation of Rs.21,94,082/- was Date: 2022.10.15 11:34:46 IST Reason: awarded including the expenses towards physiotherapy, 1 special diet and conveyance, loss of earnings and Rs.16,000/- towards future medical expenses, Rs.18,18,336/- was on account of loss of future income due to disability. The High Court in an appeal filed by the Insurance Company reduced the amount of compensation by applying the multiplier of 9 for the reason that there is no loss of employment.
We have heard learned counsel for the parties and find that the High Court has erred in law in reducing the amount of compensation. The appellant though continuous to be in service but his efficiency as a constable has been seriously compromised. Therefore, the amount of compensation awarded by the Motor Accident Claims Tribunal as Rs.21,94,082/- was just and proper keeping in view the injuries and its long-term effect on the person of the appellant.
Considering the above, we set aside the order of the High Court and restore the order of the Motor Accident Claims Tribunal.
The appeals are, accordingly, disposed of.
...................J. (HEMANT GUPTA) ...................J. (SUDHANSHU DHULIA) New Delhi;
October 13, 2022
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ITEM NO.11 COURT NO.6 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).8196-8197/2018 (Arising out of impugned final judgment and order dated 03-11-2017 in MACA No.782/2011, 03-11-2017 in MACA No.464/2011 passed by the High Court Of Delhi At New Delhi) HARI OM CONST. Petitioner(s) VERSUS NATIONAL INSURANCE COMPANY LTD. & ORS. Respondent(s) Date : 13-10-2022 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Mritunjay Kumar Sinha, AOR Mr. Amit Attri, Adv.
For Respondent(s) Mr. Ambhoj Kumar Sinha, AOR Mr. K.R. Rao, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the signed order.
Pending application(s), if any, stands disposed of.
(ARJUN BISHT) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH) (signed order is placed on the file) 3