HDFC Ergo General Insurance Company Ltd And Ors vs Ramesh Kumar & Ors

S.B. Civil Misc. Appeal No. 1042/2018 :-

The matter is listed on application for early hearing.

For the reasons mentioned in the application, the same are allowed.

The application under Section 5 of the Limitation Act for condonation of delay in filing the appeal is allowed for the reasons mentioned in the same.

Service upon respondent No.2 (driver) is dispensed with at the risk and cost of the learned counsel for the appellant.

With the consent of the parties, the appeals are finally heard today itself.

The present appeals have been filed by the respective parties against the award dated 30.10.2017 passed by learned Motor Accident Claims Tribunal, Abu Road, District Sirohi in Motor Accident Claim Case No. 221/2014.

The claimant preferred a claim petition before the learned Motor Accident Claims Tribunal, Abu Road, District Sirohi seeking grant of compensation on account of injury sustained by him i.e. Ramesh Kumar in an accident which took place on 17.07.2014. The replies were filed on behalf of the Insurance Company as well as the respondents/non-claimants denying the contentions in the claim petition. Thereafter, on completion of the pleadings, the learned Tribunal framed the issues.

After hearing the counsel for the parties, the learned Tribunal decided the claim petition of the claimant and awarded a sum of Rs. 1,58,969/- in favour of the claimant and directed the insurance company to pay an interest @ 6% per annum on the amount awarded from the date of filing of the claim petition i.e. 29.09.2014.

Learned counsel for the appellant-Insurance Company fairly submits that although the present appeal has been preferred on a number of grounds but taking into consideration the law laid-down by the Hon'ble Supreme Court in the case of Mukund Dewangan V/s Oriental Insurance Company Limited reported in (2017) 14 SCC 663, the question raised in this appeal has been answered against the appellant-insurance company. However, he submits that the matter has been referred to a Larger Bench in the case of Bajaj Allianz General Insurance Co. Ltd. V/s Smt. Rambha Devi.

Since, it has come on record that the injured (Ramesh Kumar) was doing the job work of Plaster of Paris which can be done by a skilled labour, therefore, the rates applicable to the daily wager of skilled workman will be taken into consideration for the calculation.

The issue at hand is squarely covered by the judgment of the Hon'ble Supreme Court in the case of Mukund Dewangan V/s Oriental Insurance Company Limited(Supra), therefore, the appeal of the Insurance Company are decided in the ratio laid-down by the judgment Mukund Dewangan V/s Oriental Insurance Company Limited(Supra). Accordingly, the appeal preferred by the Insurance Company is dismissed.

S.B.Civil Misc. Appeal No. 801/2018 :-

As far as, the appeal for enhancement filed by the claimant is concerned, the counsel for the parties submit that taking into consideration the nature of the injuries suffered by the claimant, just and fair compensation should have been awarded which should be Rs. 1,75,000/- instead of Rs. 1,58,969/-.

Accordingly, the appeal is partly allowed. The award dated 30.10.2017 passed by the learned Tribunal is modified and the claimant is held entitled to the enhanced amount of Rs.16,031/-.

Needless to say that the amount already paid in pursuance of the award dated 30.10.2017 should be deducted and the balance amount is directed to be paid to the claimant by the Insurance Company within a period of eight weeks from today. The enhanced amount shall carry an interest @ 6% from the date of filing of the claim petition.

Record of the learned Tribunal be sent back immediately.