ORIENTAL INSURANCE CO LTD Vs. DEEPA KAPOOR

JUDGEMENT

(1.) MAC.APP. 298/2004 IS DIRECTED AGAINST THE ORDER OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, DELHI (FOR SHORT "THE TRIBUNAL") IN PETITION NO. 317/2003, WHEREBY THE LEARNED TRIBUNAL VIDE ITS ORDER DATED 19TH APRIL, 2004 HAS AWARDED A SUM OF RS. 49,80,000/- AS COMPENSATION TO THE CLAIMANT/RESPONDENT HEREIN.

(2.) THE BRIEF FACTS OF THE CASE, AS HAS BEEN NOTED BY THE TRIBUNAL ARE AS UNDER. "THAT ON 31.10.99, DEEPAK KAPOOR WAS TRAVELLING IN MARUTI CAR BEARING REGISTRATION NO.DL-4C-E-4424 WHICH WAS BEING DRIVEN BY RESPONDENT NO.1, WHO IS ALSO THE OWNER OF THE SAID VEHICLE AND WAS GOING FROM DELHI TO BHAMSYU (RANIKHET). THE OTHER OCCUPANTS IN THE VEHICLE WERE KAMAL KISHORE AND DEEPAK MOHAN. AT ABOUT 7,00 P.M. ON RAMPUR ROAD THE RESPONDENT NO.1 LOST CONTROL ON HIS VEHICLE AND COLLIDED INTO A TRUCK BEARING NO. UP-04A-0409, BECAUSE OF WHICH, DEEPAK KISHORE SUSTAINED GRIEVOUS INJURIES AND WAS IMMEDIATELY RUSHED TO DR.SUSHILA TIWARI MEMORIAL FOREST HOSPITAL, HALDWANI (NAINITAL) IN AN UNCONSCIOUS CONDITION, FROM WHERE, HE WAS REFERRED TO DHANWANTRI TOWER HOSPITAL AND WAS EVENTUALLY SHIFTED TO INDRAPRASTHA APOLLO HOSPITAL, DELHI FOR FURTHER MANAGEMENT ON 1.11.99 WHERE, HE WAS ADMITTED TO NEURO I.C.U. HIS CONDITION WAS VERY SERIOUS AND CHANCES OF HIS SURVIVAL WERE BLEAK AND IF, HE WOULD HAVE SURVIVED, WOULD HAVE LIVED LIKE A VEGETABLE. HE WAS SHIFTED TO JEEWAN NURSING HOME, PUSA ROAD, NEW DELHI ON 7.12.99 WHERE, HE FINALLY SUCCUMBED TO HIS INJURIES ON 21.12.99.

(3.) IT IS SUBMITTED THAT THE ACCIDENT OCCURRED DUE TO NEGLIGENCE OF RESPONDENT NO.1 AND AN FIR WAS LODGED IN REGARD TO THE ACCIDENT. THE RESPONDENT NO.1 WAS ALSO THE OWNER OF THE MARUTI CAR WHICH WAS INSURED WITH RESPONDENT NO.2. IT IS SUBMITTED THAT A SUM OF RS.6,27,679/- HAS BEEN SPENT ON THE TREATMENT OF THE DECEASED. MOREOVER, THE DECEASED WAS A CHARTRED ACCOUNTANT, DOING HIS PROFESSION UNDE. THE NAME AND STYLE OF DEEPAK KAPOOR & CO. AND HIS CAREER WAS PROGRESSING AND ANNUAL TURNOVER WAS CONSISTENTLY INCREASING @ 20% PER YEAR. THE INCOME OF THE DECEASED WAS APPROXIMATELY RS. 5 LAKHS PER ANNUM AND IS APPARENT FROM HIS INCOME TAX RETURNS. THE DECEASED WAS THE SOLE BREAD WINNER AND THE PETITIONERS WERE FINANCIALLY DEPENDENT UPON HIM. THE DECEASED WAS CONTRIBUTING 75% OF HIS INCOME TOWARDS THE MAINTENANCE OF THE PETITIONERS. IT IS SUBMITTED THAT THE DECEASED WAS EXPECTED TO LIVE FOR ANOTHER 30 YEARS AND THE PETITIONERS ARE ENTITLED TO A SUM OF RS.75 LAKHS ON ACCOUNT OF LOSS OF INCOME. THEY ARE ALSO ENTITLED TO A SUM OF RS. 25 LAKHS ON ACCOUNT OF PAIN AND SUFFERING. THE PETITIONERS HAVE, THUS CLAIMED A SUM OF RS.1,06,27,679/- ALONGWITH INTEREST 24% P.A. AS COMPENSATION, BY WAY OF PRESENT PETITION.