58
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No.204/2000
Date of Decision: 15th February, 2010
%
OM PARKASH ..... Appellant
Through : Mr. S.N. Parashar, Adv.
versus
KALU RAM ..... Respondent
Through : Mr. D.K. Sharma, Adv.
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.67,500/- has been awarded to the appellant. The appellant seeks enhancement of the award amount.
2. The accident dated 6th September, 1982 resulted in grievous injuries to the appellant. The appellant‟s left leg was crushed under the truck which resulted in amputation of left leg below knee. The percentage of permanent disability of the appellant has been assessed to be 50% vide certificate Ex.PW1/24.
FAO No.204/2000 Page 1 of 5
3. The learned Tribunal has awarded Rs.5,000/- towards expenses on treatment, Rs.2,500/- towards expenses on special diet, Rs.5,000/- towards conveyance, Rs.5,000/- towards pain and agony and Rs.50,000/- towards permanent disability. The total compensation awarded is Rs.67,500/-.
4. The learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:-
(i) The compensation be awarded for loss of earning capacity.
(ii) The compensation for pain and suffering be enhanced.
(iii) The compensation be awarded for disfiguration and loss of amenities of life.
(iv) The compensation be awarded for fixation of artificial limb.
5. The appellant has suffered permanent disability of 50%. The minimum wages at the time of the accident were Rs.345/- per month. It is well settled by 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 FAO No.204/2000 Page 2 of 5 and increase in minimum wages is not akin to future prospects. Following the aforesaid judgments, the average of minimum wages and its double is taken which comes to Rs.517.50 [(Rs.345 + Rs.690)/2].
6. The appellant was aged 20 years at the time of the accident. Applying the multiplier of 18 and taking the loss of earning capacity to be 50%, the loss of earning capacity is computed to be Rs.55,890/- (Rs.517.50 x 12 x 18 x 50%). The compensation for loss of earning capacity is enhanced from Rs.50,000/- to Rs.55,890/-.
7. The learned Tribunal has not awarded any compensation for fixation of artificial limb. The appellant is present in Court and he submits that he has changed the artificial limb number of times. However, no bills of purchase of artificial limb have been placed on record. In the facts and circumstances of this case, Rs.25,000/- is awarded to the appellant towards fixation of the artificial limbs.
8. The learned Tribunal has awarded Rs.5,000/- for pain and agony. However, no compensation has been awarded for disfiguration and loss of amenities of life.
9. The learned counsel refers to and relies upon the judgment of this Court in the case of Oriental Insurance Co. Ltd. vs. Vijay Kumar Mittal (2008) ACJ 1300, where this Court examined all the previous judgments with respect to the non-pecuniary compensation awarded in the cases of permanent disability and held that the Courts have been FAO No.204/2000 Page 3 of 5 awarding about Rs.3,00,000/- under the heads of non- pecuniary damages for amputation of leg with permanent disability of 50% and above. The findings of this Court are reproduced hereinunder:-
"17. From the aforenoted judicial decisions, a trend which emerges is that between the years 1985 and 1990, the courts have been awarding about Rs.3,00,000/- under the head „non- pecuniary damages‟ for amputation of leg resulting in permanent disability of 50 per cent and above."
10. Considering that this case relates to 1982 and the appellant shall be getting sufficient interest, the non- pecuniary compensation for pain and agony, disfiguration and loss of amenities of life is computed to be Rs.1,00,000/- as per the break-up given hereunder:-
(i) Compensation for - Rs.35,000/-
pain and agony
(ii) Compensation for loss - Rs.35,000/-
of amenities of life
(iii) Compensation for - Rs.30,000/-
disfiguration
11. The appellant is entitled to total compensation of Rs.1,93,390/- (Rs.5,000/- for medical expenses + Rs.2,500/- for special diet + Rs.5,000/- for conveyance + Rs.25,000/- for fixation of artificial limb + Rs.55,890/- for loss of earning capacity + Rs.35,000/- for pain and agony + Rs.35,000/- for loss of amenities of life + Rs.30,000/- for disfiguration). FAO No.204/2000 Page 4 of 5
12. The appeal is allowed and the award amount is enhanced from Rs.67,500/- to Rs.1,93,390/-. The learned Tribunal has awarded interest @ 12% per annum which is not disturbed on the original award amount of Rs.67,500/-. However, on the enhanced award amount, the rate of interest shall be @7.5% 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 Om Prakash, 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. The order with respect to the disbursement of the award amount shall be passed after examining the appellant.
15. List for appearance of the appellant on 19th April, 2010.
16. Copy of this order be given „Dasti‟ to learned counsel for both the parties under signature of Court Master.
J.R. MIDHA, J FEBRUARY 15, 2010 mk FAO No.204/2000 Page 5 of 5