Himachal Pradesh High Court
Shriram General Insurance Co. Ltd vs Deep Kumar And Anr on 2 March, 2021
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RP No.83 of 2020
Date of Decision: 2.3.2021
_______________________________________________________
.
[
Shriram General Insurance Co. Ltd. ......Petitioner.
Versus
Deep Kumar and Anr. ....Respondents.
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting1?
For the petitioner: Mr. Virender Sharma, Advocate.
For the respondents: Mr. Varun Rana, Advocate.
Sandeep Sharma, J. (Oral)
By way of instant review petition filed under Section 114 read with Order 47 and Section 151 CPC, prayer has been made on behalf of the petitioner to review/modify the judgment dated 15.10.2020, passed in FAO No. 68 of 2020, titled Shriram General Insurance Co. Ltd. v. Deep Kumar and Anr, whereby compensation has been granted twice under the head of "future prospects".
2. Precise ground taken in the instant review petition is that this Court, while passing judgment sought to be reviewed in the instant proceedings, has wrongly given 40% addition on account of loss of future prospects over and above loss of income calculated by the learned Tribunal below while passing award dated 28.9.2019 in MAC Petition No. 62/2016.
3. Mr. Varun Rana, learned counsel representing respondent No.1 fairly states that sum of Rs. 18,14,400/- awarded by the court below also Whether reporters of the Local papers are allowed to see the judgment?
::: Downloaded on - 04/03/2021 19:52:19 :::HCHP -2-includes 40% addition on account of loss of future prospects and as such, prayer made on behalf of the petitioner-Insurance Company, needs to be allowed to the aforesaid extent.
.
4. Having carefully perused judgment sought to be reviewed vis-
à-vis award dated 28.9.2019, passed by the learned MACT below, this Court finds force in the submission made on behalf of the petitioner. Careful perusal of para-14 of the award passed by the MACT below clearly reveals that court below while assessing loss of future earnings suffered by the petitioner had already made addition of 40% on account of future prospects and as such, this Court has erred in awarding 40% addition over and above sum of Rs. 18,14,400/-.
5. Besides above, judgment passed by this Court has been sought to be reviewed on the ground that this court has erred in awarding the compensation on account of marriage prospects and no enhancement could be made under the head of mental agony and physical pain.
However, aforesaid ground raised by the learned counsel for the petitioner has no basis and this Court has rightly awarded amount under the aforesaid heads on the basis of evidence adduced on record as well as law on the subject. Since there is no error apparent on the face of the judgment sought to be reviewed qua the aforesaid aspect of the matter, this Court finds no sufficient reasons to accede to the aforesaid prayer.
6. Consequently, in view of the above, instant review petition is partly allowed and judgment dated 15.10.2020, passed by this Court in FAO No. 68 of 2020 is modified to the following extent:
::: Downloaded on - 04/03/2021 19:52:19 :::HCHP -3- Head Amount
Loss of income to the extent of 100% disability 18,14,400
Hospitalization and medical expenses 5,00,000
Future medical attendant charges @ Rs.5,000/-
per month and assuming life of the claimant .
to be 25 years i.e. 5,000x 12 x 25 15,00,000
Compensation on account of
mental and physical pain 6,00,000
Loss of natural amenities 3,00,000
Future medical assistance 5,00,000
Loss of marriage prospects 3,00,000
Total compensation 55,14,400
In the aforesaid terms, review petition is disposed of alongwith pending application(s), if any.
2nd March, 2021 ( Sandeep Sharma ),
manjit Judge.
::: Downloaded on - 04/03/2021 19:52:19 :::HCHP