TEJINDER SINGH GUJRAL Vs. INDERJIT SINGH
LAWS(SC)-2006-10-59
SUPREME COURT OF INDIA
Decided on October 19,2006

TEJINDER SINGH GUJRAL Appellant
VERSUS
INDERJIT SINGH Respondents





Cited Judgements :-

NEW INDIA ASSURANCE COMPANY LIMITED VS. NAZIA [LAWS(DLH)-2012-7-425] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. MANJU AGGARWAL [LAWS(DLH)-2012-7-429] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. MEENABEN PANKAJKUMAR JOSHI [LAWS(GJH)-2007-2-70] [REFERRED TO]
UNITED INDIA INSURANCE CO VS. BHARTI KANAIYALAL CHAUHAN [LAWS(GJH)-2007-3-9] [REFERRED TO]
CHAMPABEN VS. ANOPSINH SOMANHAI BARIA [LAWS(GJH)-2007-3-53] [REFERRED TO]
ORIENTAL FIRE AND GENERAL INSURANCE VS. VERSUS [LAWS(ALL)-2007-8-216] [REFERRED TO]
MANAGING DIRECTOR MAZGAON DOCKS LTD VS. VINODBHAI MOHANLAL PATEL [LAWS(BOM)-2009-9-118] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD VS. SHAMSHER SINGH [LAWS(DLH)-2012-8-447] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD VS. MAHA SINGH [LAWS(DLH)-2012-9-422] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD VS. ABDUL KARIM [LAWS(ALL)-2013-4-27] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD VS. SHASHI BALA DEVI [LAWS(ALL)-2013-4-239] [REFERRED TO]
NATIONAL INSURANCE CO. LTD VS. MANJU BANSAL [LAWS(DLH)-2012-7-706] [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD. VS. SMT. KUSHMA DEVI [LAWS(ALL)-2008-8-366] [REFERRED TO]
SMT. SHAKUNTALA DEVI & ORS. VS. RAKESH KUMAR & ORS. [LAWS(DLH)-2012-10-404] [REFERRED TO]
TAHAZHATHE PURAYIL SARABI VS. UNION OF INDIA [LAWS(SC)-2009-5-71] [REFERRED TO]
PURSHOTTAM LAL GOEL VS. GURDHIAN SINGH [LAWS(DLH)-2012-7-424] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. ANGELINA [LAWS(DLH)-2012-7-426] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD VS. KRISHNA [LAWS(DLH)-2012-8-61] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD VS. YOGENDRA SINGH [LAWS(ALL)-2013-3-93] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. SHANTI DEVI [LAWS(ALL)-2013-3-161] [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. GEETA [LAWS(DLH)-2012-7-703] [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. SALIL PRAKASH GUPTA [LAWS(ALL)-2012-3-329] [REFERRED TO]
STATE OF U.P. VS. SWARAN JEET SINGH AND OTHERS [LAWS(ALL)-2012-2-463] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD. VS. SMT. RIZWANA SAIDA & ORS. [LAWS(ALL)-2012-2-464] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. CHUNILAAL KALIDAS PANCHAL [LAWS(GJH)-2007-3-116] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. HINABEN DINESHBHAI PATEL [LAWS(GJH)-2007-3-202] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD. VS. SANJAY KUMARI AND OTHERS [LAWS(ALL)-2012-3-340] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. YOGENDRA SINGH [LAWS(ALL)-2013-3-313] [REFERRED]
SHARDA PAREEK VS. ASTT COMMISSIONER OF I T AND ANOTHER [LAWS(RAJ)-2017-4-277] [REFERRED TO]
MEHBOOB KHAN VS. UNION OF INDIA [LAWS(JHAR)-2018-10-153] [REFERRED TO]
KEDAR KAMLAKAR BADAVE VS. KAILASH EKNATH LAHOTI [LAWS(BOM)-2019-9-101] [REFERRED TO]
SUHAS KUMAR MUKHERJEE VS. UNION OF INDIA [LAWS(JHAR)-2018-12-150] [REFERRED TO]


JUDGEMENT

S.B.Sinha, J. - (1.)LEAVE granted.
(2.)APPELLANT herein is a practicing lawyer. While riding on a scooter, he met with an accident as a tempo which was allegedly being driven rashly and negligently by Respondent No. 1 dashed therewith. He is said to have suffered a permanent disability. He filed an application under Section 166 of the Motor Vehicles Act, 1988 praying for grant of compensation of Rs.1,00,000/-. An application for amendment of the said claim petition was filed raising the amount of compensation to Rs.5,00,000/- .
The Motor Accident Claims Tribunal by a judgment and award dated 15th March, 1986 awarded a sum of Rs.1,83,000/-, details whereof are as under: JUDGEMENT_356_TLPRE0_2006Html1.htm

The Tribunal as regards the purported plea of the Insurer that its liability is limited, opined:

"A perusal shows that liability of the insurance company is limited to the extent of Rs. 1,50,000/- Counsel for the claimant contended before me that as the insurance policy has not been tendered the same in evidence, so, should be held that the liability of insurance company is unlimited. It is no doubt true that the insurance policy has not been tendered the policy in evidence. But as the insurance policy is only on the file, I am of the view that this court taken note of it. So, it is held that the liability of insurance company is only to the extent of Rs. 1,50,000/- and interest on the same and rest of the amount will be paid by the respondent No. 1. The issue is decided accordingly."

(3.)AN appeal thereagainst was filed by Appellant before the High Court. A learned Single Judge of the High Court enhanced the amount of compensation to Rs. 2,90,000/-. A direction was also issued upon Respondent to pay interest at the rate of 12% per annum on the amount of compensation from the date of filing thereof till the date of realization. The learned Single Judge also set aside the findings of the learned Tribunal to the effect that the liability of the insurance company was limited to Rs. 1,50,000/-.
Still being not satisfied, an intra-court appeal was filed by Appellant herein. Before a Division Bench of the High Court, the question which was raised on behalf of Appellant was as to whether he having suffered permanent disability would be entitled to any further compensation as he may have to engage a driver to drive his car in future. A contention as regards higher amount of compensation was also raised towards purported loss of prospective income. The Division Bench by reason of the impugned judgment enhanced only the amount of compensation under the head of 'loss of income' from Rs. 1,12,000/- to Rs. 1,50,000/- relying on the decision of this Court in Lata Wadhwa and Others v. State of Bihar and Others [(2001) 8 SCC 197]. Still not satisfied, Appellant is before us.

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