MAC.APP.No.468/2009 Page 1 of 6 8 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No.468/2009 Date of Decision: 13th January, 2010 % P P RAO ..... Appellant Through : Mr. P.R. Thakur, Mr. K.K. Pahuja and Mr. G. Shukla, Advs. versus NEW INDIA ASSURANCE CO. LTD & ORS ...Respondents Through : Mr. Abhishek Kumar, Adv. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may YES be allowed to see the Judgment? 2. To be referred to the Reporter or not? YES 3. Whether the judgment should be YES reported in the Digest? JUDGMENT (Oral) 1. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.1,70,850/- has been awarded to the appellants. The appellants seek the enhancement of the award amount. 2. The accident dated 8th November, 2006 resulted in injuries to the appellant. The appellant was crossing the road in between two speed breakers near Gate No.2, Sector 15-A, Noida (UP) while going for a morning walk when he was MAC.APP.No.468/2009 Page 2 of 6 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 and Research Centre at Noida where he remained admitted for one day. 3. The 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 8th November, 2006 to 9th December, 2006. Due to the injuries suffered, the appellant could not appear in the Court up to 19th November, 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/- towards conveyance. The total compensation awarded is Rs.1,70,850/-. 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 8th November, 2006 to 19th November, 2006 and is entitled to loss of income on account MAC.APP.No.468/2009 Page 3 of 6 of non-appearance for the said period. The learned counsel further submits that from 20th November, 2006 to 9th December, 2006, the appellant occasionally appeared in the Court and is also entitled to partial loss of income during the period as well. 6. The 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 Ex.PW1/20 to Ex.PW1/23. The appellant stated in the witness box that he suffered loss of professional income from 8th November, 2006 to 19th November, 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/-. The appellant was able to give opinions and also attend conferences in office and the 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 the appellant from appearances in the Court during 2006 – 2007 was Rs.2,32,61,348/-. The average income of the appellant from his appearances in the Court per working day during 2006 – 2007 (176 working days) was Rs.1,32,167/-. MAC.APP.No.468/2009 Page 4 of 6 7. From 8th November, 2006 to 19th November, 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 2006-2007 had been Rs.17,27,725/- out of gross professional income of Rs.3,19,74,890/- which is 5.4% of the gross professional receipts. After deducting 5.4% towards 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% is to be deducted from the said amount and the net loss of the appellant during the period from 8th November, 2006 to 19th November, 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.3,75,20,374.00 Less I. Income from property II. Interest Income Rs.21,95,357.00 Rs.50,77,852.00 Rs.72,73,209.00 Net Income from profession __________________ Rs.3,02,47,165.00 ____________________________________________________ Less Income from opinions, conferences, settlements and chamber advice Rs.69,85,817.00 Net income from appearances in the Court during 176 working days in 2006- 2007 __________________ Rs.2,32,61,348.00 _____________________________________________________ Average income of the petitioner from his appearance in Court per working day during 2006-2007 Rs.1,32,167.00 Loss of income from appearance for 8 working days from 8th November, 2006 to 19th November, 2006 Rs.10,57,336.00 MAC.APP.No.468/2009 Page 5 of 6 Less expenses for eight days Rs.57,096.00 Balance __________________ Rs.10,00,240.00 _____________________________________________________ (rounded off) Rs.10,00,000.00 Less Income tax @ 30% Rs.3,00,000.00 Net loss of income from 8th November, 2006 to 19th November, 2006 __________________ Rs.7,00,000.00 _____________________________________________________ 8. The Learned counsel for the appellant submits that the appellant suffered partial loss of income during the period from 20th November, 2006 to 9th December, 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 8th November, 2006 to 19th November, 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/- for loss of income + Rs.55,850/- towards cost of medicine and treatment + Rs.50,000/- towards pain and suffering + MAC.APP.No.468/2009 Page 6 of 6 Rs.40,000/- towards special diet + Rs.25,000/- towards conveyance) along with interest @ 7.5% per annum from the date of filing of the petition till realization. 12. The award amount be deposited by respondent No.1 with UCO Bank A/c P.P. Rao Delhi High Court Branch within 30 days. 13. Upon the aforesaid deposit being made, the UCO Bank is directed to release the same to the appellant without any restriction of the fixed deposit. 14. Copy of this order be given ‘Dasti’ to learned counsel for both the parties under signatures of Court Master. J.R. MIDHA, J JANUARY 13, 2010 mk