Madan Gopal vs Jasbir Singh & Anr.
2009 Latest Caselaw 3086 Del

27
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                            +      MAC.APP.257/2009

%                                       Date of decision: 10th August, 2009


      MADAN GOPAL                                ..... Appellant
                                Through:    Mr. Ashok Popli, Adv.
                       versus

      JASBIR SINGH & ANR.                       ..... Respondents
                     Through:               Mr. D.K. Sharma, Adv. for R-2.


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.14,716/- has been awarded

to the appellant. The appellant seeks the enhancement of the

award amount.

2. The accident dated 3-4th June, 2006 resulted in fracture of

both bones of left arm of the appellant. The appellant proved the

medical record - Ex.PW-1/1 to Ex.PW-1/6 and FIR/MLC -

Ex.PW-1/16. The bills of medicines were proved as Ex.PW-1/7 to

PW-1/14. The learned Tribunal awarded a sum of Rs.3,312/-

towards minimum wages for one month towards loss of income,

Rs.10,000/- towards pain and suffering and agony and Rs.1,404/-

towards the medical expenses.

3. Learned counsel for the appellant submits that the

appellant is a tailor by profession and he could not attend to his

work for period of seven months due to the fracture of both the

bones of left arm. The appellant seeks enhancement of the loss

of income for a period of seven months. Learned counsel for the

appellant also seeks compensation for conveyance, special diet

and enhancement of compensation towards pain and suffering.

4. The medical record of the appellant shows fracture of both

the bones of left arm. The plaster of the left arm of the appellant

would have continued at least for two months followed with

physiotherapy for at least another one month and, therefore, it

can be presumed that the petitioner was unable to work for at

least three months. Compensation for loss of income is,

therefore, awarded for a period of three months which comes to

Rs.9,936/- (minimum wages of Rs.3,312 X 3). The general

damages of Rs.10,000/- towards pain and suffering and agony is

also on a lower side and, therefore, the same is enhanced from

Rs.10,000/- to Rs.15,000/- considering that there was fracture of

both bones of left arm. Learned Tribunal has not awarded any

compensation towards special diet and conveyance. Considering

the facts and circumstances of the case, Rs.5,000/- is awarded

towards conveyance and Rs.5,000/- is awarded towards special

diet. The total compensation of the appellant is assessed to be at

Rs.34,936/- (Rs.9,936/- + Rs.15,000/- + Rs.5,000/- + Rs.5,000/-).

5. The appeal is allowed and the award amount is enhanced

from Rs.14,716/- to Rs.34,936/- along with interest @7.5% per

annum from the date of filing of the petition till realization. The

respondent No.2 is directed to deposit the enhanced award

amount with the learned Tribunal within a period of 30 days.

6. Upon such amount being deposited, the learned Tribunal is

directed to release the same without any restriction of fixed

deposit.

7. Copy of the order be given dasti to learned counsel for both

the parties.

J.R. MIDHA, J AUGUST 10, 2009 s.pal