R-1/(P-1)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.801/2005
% Date of decision: 3rd February, 2012
SURINDER SINGH ..... Appellant
Through : Mr. N.S. Dalal, Adv.
versus
KULDEEP KUMAR THRU LR'S & ORS. ..... Respondents
Through : Mr. A.K. Soni, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Tribunal whereby compensation of `77,500/- has been awarded to the appellant. The appellant seeks the enhancement of the award amount.
2. The accident dated 31st October, 2000 resulted in grievous injuries to the appellant. The appellant suffered fracture of right shaft femur with fracture of pelvis which resulted in one inch shortening with mild restriction of hip movement right. The appellant also suffered permanent disability to the extent of 17½% as per the permanent disability certificate Ex.PW1/13. The appellant was working in Delhi Police as Head Constable at the time of accident.
3. The Claims Tribunal awarded `25,000/- towards pain and MAC.APP.No.801/2005 Page 1 of 4 agony, `15,000/- towards loss of amenities of life, `25,000/- towards medical treatment, `7,500/- towards conveyance charges and `5,000/- towards special diet. The total compensation awarded is `77,500/- along with interest at the rate of 9% per annum.
4. The learned counsel for the appellant has made following submissions at the time of hearing of this appeal.
(i) The compensation for loss of income due to permanent disability be enhanced.
(ii) The compensation towards medical expenses be enhanced from `25,000/- to `2,25,000/-.
(iii) The compensation for pain and suffering be enhanced.
(iv) The compensation for loss of amenities of life be enhanced.
(v) The compensation be awarded for disfiguration.
5. With respect to the loss of income, the Claims Tribunal held that the appellant has not suffered loss of income as he continued to remain employed with Delhi Police as Head Constable. The learned counsel for the appellant has stated that the appellant has suffered loss of promotion. The appellant has not examined any witness from Delhi Police to prove that he suffered promotion due to the permanent disability. In that view of the matter, the compensation for loss MAC.APP.No.801/2005 Page 2 of 4 of income does not warrant any enhancement.
6. With respect to the expenditure of the medical treatment, the Claims Tribunal held that the appellant has proved the medical bills to the tune of `25,000/- and the remaining bills had not been placed on record. The appellant claims to have spent further amount of `2 lakhs but the original bills have not been placed on record. In that view of the matter, there is no infirmity in the finding of the Claims Tribunal.
7. With respect to the compensation towards pain and suffering, the compensation of `25,000/- awarded by the Claims Tribunal is of lower side considering the injuries suffered by the appellant. The appellant has suffered fracture of right femur and pelvis for which he underwent surgery for insertion of rod. The nailwires, screw and plates were removed by another surgery in September, 2003. The rod inserted in the appellant's leg may warrant further surgery in future. The right leg of the appellant has shortened by one inch. The appellant has suffered permanent disability to the extent of 17½%. In that view of the matter, the compensation for pain and agony is enhanced from `25,000/- to `40,000/-. The Claims Tribunal has awarded `15,000/- for loss of amenities of life which is enhanced to `40,000/-. The Claims Tribunal has not awarded any compensation for disfiguration. `30,000/- is MAC.APP.No.801/2005 Page 3 of 4 awarded towards disfiguration. The total compensation awarded to the appellant is enhanced by `70,000/-.
8. For the reasons as aforesaid, the appeal is allowed. The compensation awarded by the Claims Tribunal is enhanced from `77,500/- to `1,47,500/- along with interest @ 9% per annum from the date of filing of the petition till realization.
9. The enhanced award amount along with up to date interest be deposited by respondent No.1 with UCO Bank, Delhi High Court Branch by means of cheque/demand draft drawn in the name of UCO Bank A/c Surinder Singh.
10. Upon the aforesaid amount being deposited, the UCO Bank is directed to release 50% of the same to the appellant. The remaining amount be kept in fixed deposit in the name of the appellant for a period of two years.
J.R. MIDHA, J FEBRUARY 03, 2012 b MAC.APP.No.801/2005 Page 4 of 4