Shriram General Insurance Company Limited v. Dalbara Singh Alias Darbara Singh
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$*&* "10. We have considered the submissions in this regard. Taking into consideration all the attending circumstances, it seems that the interest of justice would be adequately met with by reducing the contributing negligence attributable to the appellant to 30% only, instead of 40%. Ordered accordingly."
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7 *&* "In the present case, Hon'ble Supreme Court vide order dated 18.03.2025 has restored the award passed by the Tribunal after setting aside the judgment of the Hon'ble High Court. Vide the said order, contributing negligence attributable to the appellant has been reduced to 30%, instead of 40%. It has also been held that the appellant in addition to the compensation awarded by the Tribunal, shall be further entitled to enhanced compensation on applying the contributory negligence in the ratio of 30:70. It has been directed to the Motor Accident Claims Tribunal, Palwal to recalculate the compensation amount payable in terms of the conditions of Hon'ble Supreme Court. As per the award given by the Tribunal dated 27.05.2015, amount of Rs. 2962429 along with interest @ 7% per annum from the date of filing present petition till its realization was awarded to the petitioner Dalbara Singh. Taking contributing negligence of 30%, it comes out to be Rs. 8,88,728. After deducting the contributory negligence, the
amount comes out to be Rs. 20,73,700. Rs. 9,00,000/- have already been paid by the insurance company. So the amount left to be paid by the insurance company is 11,73,700/-. The petition was filed in the year 2012, so after adding interest Of Rs. 10,68,067/- calculated @ 7% per annum for 13 years, the amount comes to be Rs. 22,41,767. Accordingly, the insurance company is directed to pay compensation amount of Rs. 22,41,767/- to the appellant. The insurance company shall deposit the enhanced amount of compensation within two months of this order as directed by Hon'ble Supreme Court. The present execution petition is hereby disposed of. File be consigned to the record room, after due compliance."
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$&$ "'"* $ *14 ,$7$' :+ 7 ' *&*&* "29. Now this tribunal assesses compensation in respect of injured of Dalbara in the following manner, in view of ratio laid down in "Sarla Verma Vs Delhi Transportation Corporation(supra)":- i) Monthly income of Dalbara at the time of his injury :
Rs.13,333/- :
Rs.13,333/-x12 Rs.1,60,000/- ii) Annual income for the purpose of compensation, iii) After applying the multiplier of '9', the compensation amount comes to :
Rs.1,60,000/- x 9 Rs.14,40,000/- iv) Functional Disability is taken @ 100% :
Rs. 28,80,000/- v) Transport charges :
Rs. 10,000/- vi) Attendant charges :
Rs. 10,000/- vii) Special Diet :
Rs. 10,000/- viii) Loss of enjoyment & Immunity :
Rs. 10,000/- ix) Physical pain and mental agony :
Rs. 10,000/- x) Loss of Income :
Rs. 16,000/- xi) Medical Bills :
Rs. 12,644/- Total :
Rs.29,58,644/-"
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