11
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.464/2009
Date of Decision: 5th February, 2010
%
PREHLAD SINGH ..... Appellant
Through : Mr. O.P. Mannie, Adv.
versus
BALWANT SINGH & ORS. ..... Respondents
Through : Mr. Ram Ashray, Adv.
for R-3.
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.84,030/- has been awarded to the appellant. The appellant seeks enhancement of the award amount.
2. The accident dated 29th May, 2006 resulted in grievous injuries to the appellant. The appellant suffered following injuries as a result of the accident:-
1. Fracture Pelvic bone (L)
2. Fracture Radius (R)
3. Fracture Fore Arm (R)
4. Fracture B/L/ Inf. Ishio-pubic rami,
5. Profusely Bleeding,
6. Multiple Abrassions and blunt injuries all over the body.MAC.APP.No.464/2009 Page 1 of 6
3. The appellant was taken to Babu Jagjivan Ram Hospital and was thereafter shifted to Mahajan Hospital & Maternity Centre. The fracture in the right hand got malunited. The permanent disability of the appellant has been assessed as 24% as per disability certificate - Ex.PW4/A.
4. The learned Tribunal has awarded Rs.10,000/- towards loss of income for three months, Rs.53,208/- towards loss of earning capacity, Rs.5,750/- towards medical expenses, Rs.5,000/- towards conveyance and special diet and Rs.10,000/- towards pain and suffering. The total compensation awarded is Rs.84,030/-.
5. The learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:-
(i) The increase in minimum wages due to inflation and rise in price index be taken into consideration for computation of compensation for loss of earning capacity.
(ii) The compensation for pain and suffering be enhanced.
(iii) The compensation for loss of amenities of life be awarded.
(iv) The compensation towards disfiguration be awarded.
6. The appellant was aged 61 years at the time of the accident and the learned Tribunal has taken minimum wages MAC.APP.No.464/2009 Page 2 of 6 of Rs.3,695/- per month and has applied the multiplier of 5 for computation of loss of earning capacity due to permanent disability. According to the judgment of Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129, the appropriate multiplier at the age of 61 years is 7. The multiplier is, therefore, enhanced from 5 to 7.
7. It is well 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 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.
8. Following the aforesaid judgments, the income of the appellant for computation of compensation is taken to be Rs.5,542.50 per month [(Rs.3,695 + Rs.7,390)/2].
9. Taking the income of the appellant to be Rs.5,542.50 per month, applying the multiplier of 7 and taking 24% of the same, the loss of earning capacity of the appellant is computed to be Rs.1,11,736/- (Rs.5,542.50 x 12 x 7 x 24%). MAC.APP.No.464/2009 Page 3 of 6
10. The learned Tribunal has awarded Rs.10,000/- towards pain and suffering which does not call for any interference. However, no compensation has been awarded for loss of amenities of life and disfiguration. Rs.10,000/- is awarded towards loss of amenities of life and further Rs.10,000/- is awarded for disfiguration.
11. The appellant is entitled to total compensation of Rs.1,62,486/- (Rs.1,11,736 + Rs.10,000 + Rs.10,000 + Rs.10,000 + Rs.5,000 + Rs.5,750 + Rs.10,000)
12. The appeal is allowed and the award amount is enhanced from Rs.84,030/- to Rs.1,62,486/- along with interest @ 8% per annum from the date of filing of the petition till realization.
13. The enhanced award amount along with interest be deposited by respondent No.3 with UCO Bank A/c Prehlad Singh, Delhi High Court Branch through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days.
14. Upon the receipt of the aforesaid amount, UCO Bank is directed to keep a sum of Rs.75,000/- in fixed deposit in the name of the appellant in the following manner:-
(i) Fixed deposit for Rs.25,000/- for a period of six months.
(ii) Fixed deposit for Rs.25,000/- for a period of one year MAC.APP.No.464/2009 Page 4 of 6
(iii) Fixed deposit for Rs.25,000/- for a period of one and a half years.
15. The remaining amount be released to the appellant by transferring the same to his Saving Bank Account.
16. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of the appellant.
17. 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 facilitate identity.
18. The original Fixed Deposit Receipts shall be retained by the Bank in the safe custody.
19. The original Pass Book shall be given to the appellant along with the photocopy of the FDRs.
20. The original Fixed Deposit Receipts shall be handed over to the appellant at the expiry of fixed deposit.
21. No loan, advance or withdrawal shall be allowed on the said Fixed Deposits without the permission of this Court.
22. Half yearly statement of account be filed by the Bank in this Court.
23. 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.
24. The appellant shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit MAC.APP.No.464/2009 Page 5 of 6 Account to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi.
25. Copy of the order be given dasti to counsel for both the parties under signature of Court Master.
26. Copy of this order be also sent to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) through the UCO Bank, High Court Branch under the signature of Court Master.
J.R. MIDHA, J FEBRUARY 05, 2010 aj MAC.APP.No.464/2009 Page 6 of 6