Supreme Court - Daily Orders
Sharad Singh vs H.D. Narang on 23 February, 2022
Bench: K.M. Joseph, Hrishikesh Roy
ITEM NO.7 COURT NO.10 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. 13565/2018
(Arising out of impugned final judgment and order dated 15-09-2017
in MACA No. 221/2009 passed by the High Court of Delhi at New
Delhi)
SHARAD SINGH Petitioner(s)
VERSUS
H.D. NARANG & ANR. Respondent(s)
(With IA No. 18122/2022 - APPLICATION FOR SUBSTITUTION and IA No.
18399/2022 - SETTING ASIDE AN ABATEMENT)
Date : 23-02-2022 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE K.M. JOSEPH
HON'BLE MR. JUSTICE HRISHIKESH ROY
For Petitioner(s)
Mr. Vinay K. Garg, Sr. Adv.
Mr. Sagar Saxena, Adv.
Mr. Gunjan Kumar, AOR
Mr. Parv Garg, Adv.
Mr. Pawas Kulshrestha, Adv.
Mr. K. S. Rekhi, Adv.
Mr. Karan Chaudhary, Adv.
For Respondent(s)
Mr. J.P.N. Shahi, Adv.
Mr. J. Kiran, Adv.
Mr. Rameshwar Prasad Goyal, AOR
UPON hearing the counsel the Court made the following
O R D E R
In the first place, we notice that after the filing of the special leave petition, the petitioner has passed away Signature Not Verified Digitally signed by Nidhi Ahuja Date: 2022.02.25 on 02nd June, 2021. Application for substitution is allowed 10:04:35 IST Reason: and petitioner’s mother stands substituted. Abatement 1 SLP (C) No. 13565/2018 stands set aside.
We have heard learned senior counsel appearing for the petitioner and learned counsel appearing for the respondent- Insurance Company.
Learned senior counsel for the petitioner would essentially address on two aspects. Firstly, he submits before us a list of medical bills containing as many as 337 serial numbers, as per which, the total medical expense incurred from 22.04.2016 to 21.01.2018 is shown as Rs.15,82,793.59/-. He would submit that the High Court has granted an enhancement under the head of medical bills by Rs.1 Lakh.
Learned senior counsel for the petitioner also would submit that even after Serial No. 337 which is dated 21.01.2018, amounts have been spent on medical bills up to the date of his death.
Learned counsel for the respondent would point out that many of the bills which are referred to have been subject matter of consideration by the High Court and the High Court has granted enhancement by Rs.1 Lakh. He would, more importantly, submit that if the petitioner will produce original bills available for the medical expenses which has not been considered by the MACT or the High Court, the Insurer will certainly consider it and will be ready to reimburse the same after getting it verified. 2 SLP (C) No. 13565/2018
The other aspect which is projected, no doubt, is relating to the notional income which has been arrived at, which, according to the appellant is very low considering the fact that the petitioner was a graduate and enrolled for the Chartered Accountancy course.
Before we consider the matter further, in order to arrive at a proper conclusion we direct as follows:
The petitioner will place the documents (bills) relating to the medical expenditure incurred which have not been considered by the High Court before the respondent- Insurer within a period of one week. Thereafter, the respondent-Insurer will look into it, get it verified and make a submission before this Court on the next date of hearing as to the amount which it finds can be reimbursed to the petitioner by way of medical expenditure.
List this case on 30th March, 2022.
(NIDHI AHUJA) (RENU KAPOOR)
AR-cum-PS BRANCH OFFICER
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