35
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.489/2004
Date of Decision: 14th December, 2009
%
LAKSHMAN SINGH ..... Appellant
Through : Ms. Anupama Srivastava,
Adv.
versus
TILAK BAHADUR & ANR. ..... Respondents
Through : Mr. Avdhesh Singhal, Adv.
for R-2.
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 appellant has challenged the award of the learned Tribunal whereby compensation of Rs.1,60,000/- has been awarded to the appellant. The appellant seeks enhancement of the award amount.
2. The accident dated 21st May, 1997 resulted in grievous injuries to the appellant. The appellant was riding on his bicycle towards Gurudwara Shish Ganj when he was hit by half body truck bearing No.DBL-3131. The appellant fell down from the bicycle and was crushed under the wheels of the truck.
3. The appellant has suffered 40% permanent disability. MAC.APP.No.489/2004 Page 1 of 9 The appellant suffered various injuries namely fracture of ribs, pelvis, humorous, abdominal injuries, CLW, abrasions etc. The right arm of the appellant got paralyzed and all the fingers of the right hand have become immobile due to which the appellant is not able to move or work with the right hand at all. The appellant remained admitted for different periods in LNJP Hospital, St. Stephens's Hospital, Tarachand Memorial Hospital and Sant Parmanand Hospital. The appellant suffered permanent disability to the extent of 40% of his right upper limb as per disability certificate - Ex.PW8/1. The testimony of the appellant with regard to the admission and treatment in the abovesaid hospitals was corroborated by PW-2 to PW-6, the officials of the above hospitals who proved the record of admission and treatment as stated above. From the statement of the appellant and PW-2, official of LNJP Hospital and also record Ex.PW2/2, it is proved that the appellant was admitted in the hospital on 21st May, 1997. Emergency surgery was performed after conducting CT Scan and other required investigations. The appellant was discharged from the hospital on 5th June, 1997. The appellant was admitted in St. Stephens's hospital on 5th August, 1997 and the medical record of admission and treatment has been proved collectively as Ex.PW3/1. After the required investigations, the appellant was operated for surgery. The appellant was discharged on 7th August, 1997. Thereafter, the appellant was admitted in Dr. Tarachand Memorial MAC.APP.No.489/2004 Page 2 of 9 Hospital from 25th September, 1997 to 4th October, 1997 and again from 20th October, 1997 to 22nd October, 1997. The medical record of admission and treatment in the hospital has been proved by PW-4 as Ex.PW-4/1 to PW4/7. Thereafter, the appellant was admitted in Sant Parmanand Hospital from 27th January, 1998 till 3rd February, 1998 and again from 5th June, 1998 to 7th June, 1998 and from 30th March, 2001 to 31st March, 2001. The record of admission and treatment in this hospital has been proved as Ex.PW5/1, PW6/1 and PW6/2. The appellant remained admitted in different hospitals for about 75 days and had to undergo various surgeries and the permanent disability of the appellant has been assessed as 40% in respect of the right upper limb. The appellant has also proved the bills of purchase of medicines and of payments to the hospitals and for different investigations.
4. The appellant is present in the Court and his injuries have been perused.
5. The learned Tribunal has taken the income of the appellant according to the minimum wages at Rs.2,000/- per month. The loss of income has been taken to be Rs.800/- per month taking the functional disability of 40% and the multiplier of 10 has been applied to compute the loss of dependency at Rs.96,000/-. Rs.20,000/- has been awarded towards loss on account of pain and suffering, Rs.5,000/- has been awarded for conveyance, Rs.5,000/- has been awarded MAC.APP.No.489/2004 Page 3 of 9 towards special diet and Rs.34,000/- has been awarded towards expenditure on medicine.
6. The learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:-
(i) The loss of earning capacity of the appellant be taken to be 100% for computing loss of income.
(ii) The multiplier be enhanced from 10 to 13.
(iii) The increase in minimum wages due to inflation and rise in price index be taken into consideration.
(iv) The compensation for pain and suffering be enhanced.
(v) The compensation for loss of amenities of life and disfiguration be awarded.
(vi) The compensation for conveyance and special diet be enhanced.
(vii) The rate of interest be enhanced.
7. With respect to the loss of income, the appellant's right hand got paralyzed and is immobile and, therefore, he is unable to do any work whatsoever with his right hand. The loss of earning capacity is, therefore, taken to be 100%.
8. The learned Tribunal has taken the minimum wages of Rs.2,000/- per month. It is settled by the catena of judgments of this Court in the cases of Kanwar Devi vs. Bansal Roadways, 2008 ACJ 2182, National Insurance Company Limited vs. Renu Devi III (2008) ACC 134 and MAC.APP.No.489/2004 Page 4 of 9 UPSRTC vs. Munni Devi, MAC.APP.No.310/2007 decided on 28.07.2008 that the Court should take judicial notice of increase in minimum wages to meet the increase in price index and inflation rate. The Court has taken the view that the minimum wages get doubled over the period of 10 years and increase in minimum wages is not akin to future prospects and the income should be computed by taking the average of minimum wages and its double.
9. Following the aforesaid judgment, the income of the appellant is taken to be Rs.3,000/- per month [(Rs.2,000 + Rs.4,000/-)/2].
10. The appellant was aged 46 years at the time of the accident and the appropriate multiplier is 13. Taking income of the appellant to be Rs.3,000/- per month and applying the multiplier of 13, the loss of income is computed to be Rs.4,68,000/- (Rs.3,000 x 12 x 13).
11. The learned Tribunal has awarded Rs.20,000/- towards pain and suffering and no compensation has been awarded for loss of amenities of life and disfiguration. In the facts and circumstances of this case, the compensation for pain and suffering is enhanced from Rs.20,000/- to Rs.40,000/-. Rs.40,000/- is awarded for loss of amenities of life and Rs.40,000/- is awarded for disfiguration.
12. The learned Tribunal has awarded Rs.5,000/- for conveyance and Rs.5,000/- for special diet. Considering that the appellant is unable to travel by public transport as his MAC.APP.No.489/2004 Page 5 of 9 right hand has become immobile and he cannot hold anything with his right hand and also that he remained under treatment for a sufficiently long period and underwent surgeries, the compensation for conveyance is enhanced from Rs.5,000/- to Rs.20,000/-. The compensation towards special diet is enhanced from Rs.5,000/- to Rs.10,000/-.
13. The appellants are entitled to total compensation of Rs.6,52,000/- (Rs.4,68,000 + Rs.40,000 + Rs.40,000 + Rs.40,000 + Rs.20,000 + Rs.10,000 + Rs.34,000).
14. The learned Tribunal has awarded interest @6% per annum. Following the judgment of the Hon'ble Supreme Court in the case of Dharampal vs. U.P. State Road Transport Corporation, III 2008 ACC (1) SC, the rate of interest is enhanced from 6% per annum to 7.5% per annum.
15. The appeal is allowed and the award amount is enhanced from Rs.1,60,000/- to Rs.6,52,000/- along with interest @7.5% per annum from the date of filing of the petition till realization.
16. The enhanced award amount along with interest be deposited by respondent No.2 with UCO Bank, Delhi High Court Branch A/c Laxman Singh by means of a cheque through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 60 days.
17. Upon the aforesaid deposit being made, UCO Bank is directed to release 10% of the same to the appellant and the MAC.APP.No.489/2004 Page 6 of 9 remaining amount be kept in fixed deposit in the name of the appellant in the following manner:-
(i) Fixed deposit in respect of 10% of the amount for a period of one year.
(ii) Fixed deposit in respect of 10% of the amount for a period of two years.
(iii) Fixed deposit in respect of 10% of the amount for a period of three years.
(iv) Fixed deposit in respect of 10% of the amount for a period of four years.
(v) Fixed deposit in respect of 10% of the amount for a period of five years.
(vi) Fixed deposit in respect of 10% of the amount for a period of six years.
(vii) Fixed deposit in respect of 10% of the amount for a period of seven years.
(viii) Fixed deposit in respect of 10% of the amount for a period of eight years.
(ix) Fixed deposit in respect of 10% of the amount for a period of nine years.
18. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of the appellant.
19. Withdrawal from the aforesaid account shall be permitted to the appellant after due verification and the Bank shall issue photo Identity Card to the appellant to MAC.APP.No.489/2004 Page 7 of 9 facilitate identity.
20. The original Fixed Deposit Receipts shall be retained by the Bank in the safe custody.
21. The original Pass Book shall be given to the appellant along with the photocopy of the FDR.
22. The original Fixed Deposit Receipts shall be handed over to the appellant at the expiry of FDR period.
23. No loan, advance or withdrawal shall be allowed on the said Fixed Deposits without the permission of this Court.
24. Half yearly statement of account be filed by the Bank in this Court.
25. On the request of the appellant, the Bank shall transfer the Savings Account to any other branch of UCO Bank according to the convenience of the appellant.
26. The appellant shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi.
27. It is noted that the offending vehicle was uninsured at the time of the accident and the appellant is liable to the prosecuted under Section 196 of the Motor Vehicles Act.
28. The notice be issued to Investigating Officer of FIR No.553/97 dated 21st May, 1997 PS Kotwali to explain as to why the appellant was not prosecuted under Section 196 of the Motor Vehicles Act.
MAC.APP.No.489/2004 Page 8 of 9
29. The Investigating Officer is directed to remain present in the Court on the next date of hearing along with the police file.
30. List on 3rd March, 2010.
31. Dasti.
J.R. MIDHA, J DECEMBER 14, 2009 aj MAC.APP.No.489/2004 Page 9 of 9