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2010 DIGILAW 50 (DEL)

P. P. Rao v. New India Assurance Co. Ltd.

2010-01-13

J.R.MIDHA

body2010
JUDGMENT : J.R. MIDHA, J. 1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 1,70,850 has been awarded to the appellant. The appellant seek the enhancement of the award amount. 2. The accident dated 8.11.2006 resulted in injuries to the appellant. Appellant was crossing the road in between two speed breakers near Gate No. 2, Sector 15-A, Noida (UP) while going for his morning walk when he was hit by Tata Indica car bearing No. DL 1Y-9173 being driven rashly and negligently by respondent No. 2. The appellant fell down as a result of the accident and suffered injuries on his right hand. The appellant was admitted in Kailash Hospital & Research Centre at Noida where he remained admitted for one day. 3. Appellant suffered deep laceration in web space of index and middle finger (L), dislocation of index and middle finger. The surgery was performed on the appellant and his right hand remained under plaster from 8.11.2006 to 9.12.2006. Due to the injuries suffered, the appellant could not appear in the court up to 19.11.2006. 4. The learned Tribunal has awarded Rs. 55,850/- towards cost of medicines and treatment, Rs. 50,000/- towards pain and suffering, Rs. 40,000/- towards special diet and Rs. 25,000/- for conveyance. The total compensation awarded is Rs. 1,70,850/- (rupees one lakh seventy thousand eight hundred and fifty). 5. The only ground urged by learned Counsel for the appellant at the time of hearing of this appeal is that the appellant suffered loss of income due to the injuries suffered in the accident and no compensation has been awarded by the learned Tribunal for loss of income. The learned Counsel further submits that the appellant could not appear in the Hon'ble Supreme Court from 8.11.2006 to 19.11.2006 and is entitled to loss of income on account of non-appearance for the said period. The learned Counsel further submits that from 20.11.2006 to 9.12.2006, the appellant occasionally appeared in the court and is also entitled to partial loss of income during the period as well. 6. Appellant appeared in the witness-box as PW 1 before the learned Tribunal and proved the income tax returns for the years 2003-04, 2004-05, 2005-06 and 2006-07 as Exh. PW1/20 to Exh. PW1/23. The appellant stated in the witness-box that he suffered loss of professional income from 8.11.2006 to 19.11.2006 completely. 6. Appellant appeared in the witness-box as PW 1 before the learned Tribunal and proved the income tax returns for the years 2003-04, 2004-05, 2005-06 and 2006-07 as Exh. PW1/20 to Exh. PW1/23. The appellant stated in the witness-box that he suffered loss of professional income from 8.11.2006 to 19.11.2006 completely. In the income tax return for the relevant year, the gross income of the appellant from all sources was Rs. 3,75,20,374/- and after deducting income of Rs. 21,95,357 from property and Rs. 50,77,852/- from interest, the net income from profession was Rs. 3,02,47,165. Appellant was able to give opinions and also attend conferences in office and income during the relevant year from opinions, conferences, settlements and chamber advice was Rs. 69,85,817/- and after deducting same from the professional income, the net income of appellant from appearances in the court during 2006-07 was Rs. 2,32,61,348/-. The average income of the appellant from his appearances in the court per working day during 2006-07 (176 working days) was Rs. 1,32,167/-. 7. From 8.11.2006 to 19.11.2006, there were eight working days and the loss of income at the rate of Rs. 1,32,167/- per day was Rs. 10,57,336/-. The expenses of the appellant during the years 2006-07 had been Rs. 17,27,725/- out of gross professional income of Rs. 3,19,74,890 which is 5.4 per cent of the gross professional receipts. After deducting 5.4 per cent for expenses, the loss of the appellant is computed to be Rs. 10,00,240/-, rounded off as Rs. 10,00,000/-. The income tax at the rate of 30 per cent is to be deducted from the said amount and the net loss to the appellant during the period from 8.11.2006 to 19.11.2006 is computed to be Rs. 7,00,000/-. The detailed calculation is as under: 1. Gross income from all sources (Net income from all sources) Rs. 3,75,20,374 Less: I. Income from property Rs.21,95,357 II. Interest income Rs. 50,77,852 Rs. 72,73,209 Net income from profession Rs. 3,02,47,165 Less: Income from opinions, conferences, settlements and chamber advice Rs. 69,85,817 Net income from appearances in the court during 176 working days in 2006-07 Rs. 2,32,61,348 Average income of the petitioner from his appearance in court per working day during 2006-07 Rs. 1,32,167 Loss of income from appearance for 8 working days from 8.11.2006 to 19.11.2006 Rs. 10,57,336 Less: Expenses for 8 days Rs. 57,096 Balance Rs. 10,00,240 (rounded off) Rs. 2,32,61,348 Average income of the petitioner from his appearance in court per working day during 2006-07 Rs. 1,32,167 Loss of income from appearance for 8 working days from 8.11.2006 to 19.11.2006 Rs. 10,57,336 Less: Expenses for 8 days Rs. 57,096 Balance Rs. 10,00,240 (rounded off) Rs. 10,00,000 Less: Income tax at the rate of 30 per cent Rs. 3,00,000 Net loss of income from 8.11.2006 to 19.11.2006 Rs. 7,00,000 8. The learned Counsel for the appellant submits that the appellant suffered partial loss of income during the period from 20.11.2006 to 9.12.2006 and, therefore, the compensation be also awarded for the said period. 9. In the evidence by way of affidavit filed by the appellant before the learned Tribunal, the appellant claimed to have suffered loss of professional income from 8.11.2006 to 19.11.2006 completely and the compensation for the subsequent period has not been specifically claimed and, therefore, no compensation can be awarded for the subsequent period. 10. The appellant is entitled to compensation of Rs. 7,00,000/- towards loss of income due to the injuries suffered in the accident. 11. The appeal is allowed and the award amount is enhanced from Rs. 1,70,850/- to Rs. 8,70,850 (Rs. 7,00,000/- towards loss of income + Rs. 55,850 towards cost of medicine and treatment + Rs. 50,000 towards pain and suffering + Rs. 40,000 towards special diet + Rs. 25,000 for conveyance) along with interest at the rate of 7.5 per cent per annum from the date of filing of the petition till realization.