1 16-9-ca2571-fa1361 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2571 OF 2010 IN FIRST APPEAL NO. 1361 OF 2010 The Oriental Insurance Company Ltd., .. Appellant. (Org.Opponent no.3) V/s. Mr. Yogesh Subhash Panchal & Anr. .. Respondents. --- WITH CIVIL APPLICATION NO. 3491 OF 2010 IN FIRST APPEAL NO. 1361 OF 2010 Mr. Yogesh Subhash Panchal .. Applicant. V/s. The Oriental Insurance Company Ltd.,& Anr. .. Respondents. --- Mr. S.S. Vidhyarthi for the Applicant/Appellant in C.A. 2571/2010 and for the Respondent in CA No.3491 of 2010. Mr. R.S. Chahal for Respondent No.1 in C.A.2571/2010 and for Applicant/ Appellant in C.A.3491/2010. --- CORAM : B.H. MARLAPALLE AND N.D. DESHPANDE, JJ. DATED : 16TH SEPTEMBER, 2010. P.C. 1 Heard Mr.S.S. Vidyarthi, learned Counsel for the applicant and Mr.Chahal, learned Counsel for respondent no.1. 2 16-9-ca2571-fa1361 2 First Appeal No.1361 of 2010, challenging the order dated 20th November, 2009 in MACT Application No.164 of 2005, has been admitted by us today. The Tribunal has granted total compensation of Rs.48,31,543/- under the following heads :- Particulars Amount 1) Pain and suffering Rs.3,00,000/- 2) Special diet Rs.10,000/- 3) Loss of amenities Rs.3,00,000/- 4) Loss of income for 5 years Rs.8,24,930/- 5) Future loss of income due to disability Rs.19,79,832/- 6) Medical expenses, attendant charges and airfare Rs.13,66,781/- 7) Future attendant charges and treatment Rs.50,000/- _______________________________________________________ TOTAL Rs.48,31,543/- ================================================= 3 On the above amount of compensation of Rs.48,31,543/-, the Tribunal has awarded interest at the rate of 7.5% per annum. The appellant Insurance Company has restricted its challenge to the amount of Rs. 8,24,930/- for loss of income for five years and Rs.19,79,832/- for future loss income due to disability. The Insurance Company has deposited an amount of Rs.65 Lakhs with the Tribunal. One of the grounds raised in the Appeal is that the Tribunal has committed error in reading the Income Tax Returns for the Assessment Year 2004-2005 because as per the Insurance Account the gross income mentioned in the said returns of the year 3 16-9-ca2571-fa1361 2004-2005 is Rs.1,20,995/- and not Rs.1,70,995/-. In addition, it is stated that the returns at Exhibit 26 were filed almost after one year from the date of the accident. On both these counts, it is contended that the compensation granted by way of loss of income and for future loss of income due to disability is required to be reconsidered by this court. 4 Hence, we allow Civil Application No. 2571/2010 in terms of prayer clause (a). However, we allow the claim of respondent no.1 to withdraw an amount of Rs.50 lakhs from the deposited amount of Rs.65 lakhs and the balance amount of Rs.15 lakhs shall be invested by the Tribunal in a fixed deposit with a Nationalized Bank, initially for a period of three years and to be renewable thereafter, in case the appeal is pending beyond three years. Civil application No. 2571/2010 is disposed of accordingly. Civil Application No. 3491 of 2010 also stands disposed off in terms of the above directions. 5 The Appeal No.1361/2010 to be heard along with First Appeal (Stamp) No.22823/2010 with Civil Application No.3426/2010. (N.D.DESHPANDE, J.) (B.H. MARLAPALLE, J.) .....