Judgment:
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:
08. h August, 2017 + MAC.APP. 351/2017 FAIYAZ AHMAD KHAN ..... Appellant Through: Mr. S.N. Parashar, Advocate Versus CHANDRA PAL SINGH & ORS ........ RESPONDENTS
Through: Mr. Anshum Jain and Ms. S. Bhalla, Advocates for R-3 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) The appellant, prosecuting through his father (next friend), is 1. aggrieved with the award by judgment dated 20.09.2016 of the Motor Accident Claims Tribunal (Tribunal) on his claim petition (no.76380/2016) in the total sum of Rs.33,65,466/- as compensation for the injuries and their aftermath suffered in the motor vehicular accident that took place on 04.09.2013 involving negligent driving of a bus bearing registration no.UP-14BT-5186 admittedly insured against third party risk with the third respondent (insurer), for the period in question, the liability to pay with interest at the rate of 9% p.a. from the date of filing of the claim petition (24.04.2014) having been fastened upon it (the insurer). The said amount of the compensation includes Rs.28,57,104/- calculated as loss of future MAC Appeal No.351/2017 Page 1 of 3 earning capacity on account of permanent disability suffered, it being, in the conclusion of the tribunal, 100% functional disability, the claimant being in a state of severe right hemiparesis with global aphasia, the medical opinion about disability being 85% disability in relation to the whole body.
2. By the appeal at hand, the appellant seeks enhancement of the above mentioned component of compensation due to loss of future earning capacity on the ground that the element of future prospects of increase was not factored in.
3. The appellant was 24 years and 3 months old at the time of the accident. He was working as Customer Care Executive in a private entity (M/s. Cyber Futuristics India Pvt. Ltd.), an official from his employer (PW-4) having proved the terms of such engagement including by producing on record the letter of appointment (Ex. PW4/4) and connected documents which include the letter of increment, letter of confirmation and salary slips for various months, the service record (Ex. PW4/3) and leave record (Ex. PW4/2) also having been added. It is clear from the testimony of PW-4, and the documents he proved in the course of his deposition, that the appellant was in regular employment wherein the terms of engagement would ensure incremental rise and progression in salary and allowances. In the face of such clear and irrefutable evidence, the element of future prospects of increase required to be factored in [see judgment dated 28.03.2016 in MAC.APP. 548/2013 United India Insurance Co. Ltd. v. Kamla & Ors.].. Since the age of the claimant was less than 25 years old, such element would be to the extent of 50%. MAC Appeal No.351/2017 Page 2 of 3 4. It is noted that the tribunal had concluded, on the basis of evidence, that the appellant was earning Rs.1,58,728/- p.a. at the time he suffered the accident. The notional income, upon addition of the element of future prospects, would thus be (Rs.1,58,728/- x 150/100) Rs.2,38,092/-. On the multiplier of 18, the loss of income due to permanent disability would be (Rs.2,38,092/- x
18) Rs.42,85,656/-. This means the award needs to be increased by (Rs.42,85,656/- (-) Rs.28,57,104/-) Rs.14,28,552/-. Adding this amount, the total compensation payable in the case comes to (Rs.33,65,466/- + Rs.14,28,552/-) Rs.47,94,018/-, rounded off to Rs.47,95,000/-. The award is modified accordingly. It shall carry interest as levied by the tribunal.
5. The third respondent is directed to deposit the enhanced portion of the award with corresponding interest with the tribunal within 30 days making it available to be released to the claimant. The release shall be in the form of an interest bearing fixed deposit receipt taken out from a nationalized bank for a period of fifteen years with right to draw periodical interest.
6. The appeal is disposed of in above terms. R.K.GAUBA, J.
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