* 1 * F.A.241.2000 26.4.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 241 OF 2000 WITH CIVIL APPLICATION NO. 1839 OF 2000 [FOR STAY] IN FIRST APPEAL NO. 241 OF 2000 New India Assurance Co. Ltd ....... Appellant V/S. Rajesh Ramnath Chemburkar & anr. ....... Respondents * * * * Mr. S.S. Vidyarthi i/by. Mr. S.M. Vidyarthi, Advocate for the appellant. Mr. Raghuraj S. Deshpande, Advocate for the respondents. CORAM :- Smt. R.P. SondurBaldota, J. 26th April, 2011. P.C. :- 1. This First Appeal is by the Insurance Company to challenge the judgment and Award dated 29th June, 1999 of the Motor Accident Claims Tribunal, Mumbai awarding compensation of Rs.18,50,000/- with interest at the rate of 12% per annum for the injuries sustained by respondent no.1 in the motor vehicle accident. Respondent no.2 is the owner of the offending vehicle. Perusal of the records and proceedings and the impugned judgment and Award shows that the injuries sustained by respondent no.1 in the accident that took place on 13th * 2 * F.A.241.2000 26.4.2011 April, 1993 are such that he is since then on bed till date. The break- up of the compensation awarded to respondent no.1 for those injuries is as follows :- Sr. No Name of Head Compensation Awarded in Rs. 1. Hospital Bills and Purchase of Medicines 4,00,000.00 2. Future Surgical Charges 75,000.00 3. Attendants Charges already incurred 80,925.00 4. Future Attendant Charges 70,000.00 5. Physiotheraphy Treatment Charges already incurred 95,250.00 6. Future Physiotheraphy charges 30,000.00 7. Pain and Sufferings 2,00,000.00 8. Special Diet Expenses already incurred 90,000.00 9. Future/Additional Special Diet Charges 50,000.00 10. Australian Urostomy Bag 90,000.00 11. Future Medicine Charges 55,000.00 12. Conveyance charges for going to the Hospital (Hinduja) 33,000.00 13. Loss of Salary from April, 1993 at the rate of Rs.4,000/- per month 2,80,000.00 14. Loss of Amenities of Life 1,00,000.00 15. Shortened Expectation of Life 50,000.00 16. Permanent Disability (100%) 1,50,000.00 Total Rs. 18,49,175.00 Rounded off to Rs. 18,50,000.00 * 3 * F.A.241.2000 26.4.2011 Compensation Awarded for actual amount spent 15,69,175.00 Compensation Awarded for future expenses under heads at Sr.2, 4, 6, 9 and 11 2,80,000.00 2. Before the Tribunal, the owner did not appear and the claim petition came to be contested by the appellant-Insurance Company on all counts by obtaining leave under Section 170 of the Motor Vehicles Act. Being aggrieved by the quantum of compensation awarded, the Insurance Company filed the present appeal contending that the quantum of compensation is excessive and would amount to unjust enrichment of respondent no.1. Perusal of the records and proceedings shows that the injuries sustained by respondent no.1 in the accident have been such that he has been most of the time, in and out of the hospital and all the time bed ridden till date. In that circumstance, the amount of compensation awarded by the Tribunal can hardly be said to be excessive. However, Mr. Vidyarthi, the learned counsel for the appellant, points out that the interest awarded by the Tribunal on the future compensation is required to be considered by this Court as interest on the future compensation is not permissible. He submits * 4 * F.A.241.2000 26.4.2011 that it is now well established that interest on future compensation cannot be awarded. Mr. Deshpande, the learned counsel for respondent no.1 does not dispute this proposition of law. 3. Perusal of the above break-up of compensation awarded to respondent no.1, shows that the future compensation awarded to respondent no.1 consists of compensation for (i) future Surgical charges, (ii) future Attendant charges, (iii) Future Physiotheraphy charges, (iv) future/Additional special diet charges, and (v) future Medicine charges totalling to Rs.2,80,000/-. Mr. Deshpande, states that the total amount of interest accrued on this amount from the date of the application till realisation i.e. deposit of the amount before the Tribunal is Rs. 1,68,000/-. He states that respondent no.1 has no objection if the amount of future interest is deducted from the compensation payable to him. Considering the facts of the case, the interest of Rs.1,68,000/- is rounded off to Rs.1,50,000/- for the purpose of deduction from the amount deposited by the appellant in the Tribunal. Both the advocates state that respondent no.1 has been permitted and has withdrawn a sum of Rs.10,00,000/- pursuant to the interim orders passed in these proceedings. He has also been allowed to withdraw interest accrued upon the balance amount deposited and invested in the fixed deposit. * 5 * F.A.241.2000 26.4.2011 Today, the amount invested in fixed deposit is Rs.20,52,543/-. After deduction of the amount of Rs.1,50,000/- therefrom, respondent no.1 will be entitled to receive Rs.19,02,543/-. The appeal is therefore disposed off with the above modification to the operative part of the order. The appellant is therefore at liberty to withdraw an amount of Rs.1,50,000/- (Rs.One Lakh Fifty Thousand only) deposited by it in the Court and respondent no.1 is at liberty to withdraw an amount of Rs. 19,02,543/- (Rs. Nineteen Lakh Two Thousand Five Hundred and Forty Three only) from the deposit. 4. Mr. Vidyarthi, next points out, that the appellant has deposited a sum of Rs.25,000/- in the Court by way of statutory deposit. This amount has been deposited, over and above, the decreetal amount in the Tribunal. There is no dispute that this amount is over and above the decreetal amount. Hence, the appellant is at liberty to withdraw the amount of Rs.25,000/- (Rs. Twenty Five Thousand only) deposited in this Court. 5. With the disposal of the Appeal, the Civil Application taken out by the appellant for stay for does not survive. The same is accordingly disposed off. [SMT. R.P. SONDURBALDOTA, J]