Sunil Kumar vs Bhagwat & Ors.
2009 Latest Caselaw 1435 Del

3
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +    MAC.APP. 192/2009

                               Date of Decision: 16th April, 2009
%

      SUNIL KUMAR                 ..... Appellant
               Through : Mr. Pramod Kharwar, Adv.
                         for Mr. Santosh Chaurihaa, Adv.

                    versus

      BHAGWAT & ORS.            ..... Respondents
              Through : Mr. Kanwal Choudhary, Adv.
                        R-3.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may               No
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?              No

3.      Whether the judgment should be                      No
        reported in the Digest?

                        JUDGMENT (Oral)

CM No.5200/2009

1. For the reasons stated in the application, the delay in

filing of this appeal is condoned.

2. CM stands disposed of.

MAC.APP. 192/2009 and CM No.5199/2009

1. Issue notice to respondent No.3 only.

2. Mr. Kanwal Choudhary, Advocate accepts notice on

behalf of respondent No.3.

3. With the consent of the parties, the case is finally heard

at admission stage.

4. The accident dated 20th April, 2006 resulted in 40%

permanent disability to the appellant who filed the claim

petition before the learned Tribunal. However, the

permanent disability certificate was not issued to the

appellant during the pendency of the petition before the

learned Tribunal. The learned Tribunal passed an award

dated 23rd August, 2008 awarding loss of income for one year

taking the temporary disability of the appellant to be 45%.

After the passing of the award by the learned Tribunal, the

appellant was able to obtain the permanent disability

certificate dated 18th December, 2008 in which his disability

has been assessed at 40%. Photocopy of the disability

certificate has been filed as annexure 'A' with the appeal.

5. The appellants seeks permission to lead additional

evidence to prove the disability certificate on the ground that

the certificate could not be issued despite his best efforts

and the same was issued only after passing of the award.

The learned counsel further submits that the disability

certificate is relevant and material for determining the

compensation as the appellant is entitled to compensation

computed on the basis of multiplier.

6. Considering the facts and circumstances of this case,

the application for permission to lead additional evidence is

allowed. The appellant is permitted to lead additional

evidence before the learned Tribunal.

7. The appeal is allowed. The award of the learned

Tribunal is set aside only to the limited extent in so far as the

compensation for permanent disability and loss of income

due to permanent disability have not been awarded to the

appellant. The learned Tribunal is directed to record the

additional evidence of the parties and shall thereafter pass

an award on the aforesaid issue.

8. The parties are directed to appear before the learned

Tribunal on 5th May, 2009 for recording of the additional

evidence.

9. The appeal as well as application stand disposed of.

10. No costs.

11. Copy of this order be given 'Dasti' to learned counsel

for the parties under signatures of Court Master.

J.R. MIDHA, J

APRIL 16, 2009 aj