AO/82/2011 of I.C.I.C.I LOMBARD GENERAL INDURANCE COMPANY LTD Vs BHAGAT SINGH AND ORS

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Appeal from Order No. 82/2011

I.C.I.C.I. Lombard General Insurance Company Ltd.

…. Appellant

Versus

Bhagat Singh & Others .… Respondents

Mr. Ramji Srivastava, Advocate, for the appellant.

Mr. R.P. Nautiyal, Senior Advocate, for the claimant/respondent no.1 None for the remaining respondents.

March 23, 2017

Hon’ble Servesh Kumar Gupta, J.

By means of this appeal, the judgment and order dated 2.12.2010 rendered by the Tribunal has been assailed by the insurance company.

The accident occurred on 22.3.2008 at 2.30 PM in which the bus no. UP-05-0205, being plied on the hilly roads of District Tehri Garhwal, swerved from the road and fell into the deep ditch causing severe injuries to the claimant Bhagat Singh, who was travelling as passenger in such bus. He remained hospitalised in different hospitals for almost six months and ultimately he had to loose his right leg above his knee which was amputated by false leg. At the time of accident, he was youth of 32 years. Claiming himself to be conductor in the travelling business, he instituted the petition claiming compensation of rupees twenty one lakhs, whereagainst the learned Tribunal has granted Rs. 7,14,800/-.

Agitating the quantum of such compensation, the insurance company has come up in this appeal.

Although an attempt was made by the claimant Bhagat Singh to prove himself to be government recognized conductor because he produced his licence for the purpose 45Ga in the lower court record, but having look on such licence (photocopy), it is abundantly clear that there is much overwriting on many words in it. So, it cannot be accepted in the evidence as such. However, the claimant has produced his employer PW5 Devendra Singh, who has deposed that salary of Bhagat Singh as conductor on the vehicle owned by him was Rs. 6,000/- per mensem.

Apart from the above, Bhagat Singh has also tried to prove that he used to earn Rs. 3,000/- per month in addition by way of agricultural work.

Since Bhagat Singh became 80 per cent disabled as declared by the concerned medical officer, hence his life has completely been ruined and all his future prospects and career have now vanished after the said accident. In such matters, I think it is difficult to apply the structural formula invoking the multiplier as propounded in the Sarla Varma case, but looking to the facts and circumstances and the hardship of injured Bhagat Singh, the Court feels that such mental agony, which he shall suffer for the rest of his life, is unmatchable and it is impossible to measure the same in terms of money. So, without going through the miniscule details for calculating the compensation in such matters, I think that the award granted by the learned Tribunal is not exorbitant.

I find no force in this appeal. It is hereby dismissed.

Registry shall remit the compulsory statutory deposit along with the interest it has earned to the Tribunal concerned, which, in turn, shall release the entire

remaining amount and the interest accrued on it in favour of the claimant Bhagat Singh without asking for any surety/security from him.

Let the LCR be sent back.

Prabodh

(Servesh Kumar Gupta, J.)