Davinder Sood vs Chet Ram & Anr
2009 Latest Caselaw 1772 Del

32
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                   +       FAO No.307/1999

                              Date of Decision: 30th April, 2009
%
      DAVINDER SOOD                         ..... Appellant
                   Through : Mr. Sanjiv Sharma, Adv.

                  versus

      CHET RAM & ANR                    ..... Respondents
                   Through : Ms. Manjusha Wadhwa, Adv.
                             for R - 2.

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

1.      Whether Reporters of Local papers may
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?

3.      Whether the judgment should be
        reported in the Digest?

                       JUDGMENT (Oral)

1. The accident dated 12th June, 1989 resulted in fracture

of left femur and 1½ hip spica was inserted on the left side

on 14th June, 1989 at Bara Hindu Rao Hospital. The spica was

later removed at Dayananad Medical College and Hospital,

Ludhiana due to which left limb shortened by 1 inch. The

appellant was again operated on 8 th July, 1989 at Christian

Medical College and Hospital, Ludhiana for sub trochanteric

fracture of left femur and is still undergoing physiotherapy.

2. The learned Tribunal has awarded Rs.53,100/- to the

appellant which includes the compensation of Rs.5,000/- for

pain and agony.

3. The appellant has challenged impugned award on the

short ground that considering the injuries suffered by the

appellant and the surgeries performed on him and the period

for which he remained in hospital, the amount towards pain

and agony and compensation for loss of amenities be

enhanced.

4. Considering the injuries suffered by the appellant and

the surgeries performed on him and the period of his

admission in hospital, the compensation for pain and agony

is enhanced from Rs.5,000/- to Rs.25,000/- and

compensation of Rs.15,000/- is awarded towards loss of

amenities of life. The total compensation payable to the

appellant is Rs.88,100/-.

5. The appeal is allowed and the compensation is

enhanced from Rs.53,100/- to Rs.88,100/-. The learned

Tribunal had awarded interest at the rate of 12% per annum

which is not disturbed on the original award amount of

Rs.53,100/-. However, on the enhanced amount of

Rs.35,000/-, the rate of interest shall be 7.5% from the date

of filing of the petition till payment in terms of the judgment

of the Hon'ble Supreme Court in the case of Dharampal &

Ors. vs. U.P. State Road Transport Corporation, III

2008 ACC (1) SC.

6. Respondent No.3 is directed to deposit the enhanced

award amount along with interest thereon with the learned

Tribunal within 30 days.

7. Upon such deposit being made, the learned Tribunal is

directed to release entire award amount along with interest

to the appellant. No restriction of fixed deposit is being

imposed considering that the appellant is now 58 years and

would be wise enough to properly utilize the money.

J.R. MIDHA, J

APRIL 30, 2009 mk