Sudesh Marwah vs Virpal & Ors
2009 Latest Caselaw 3358 Del

36
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +      MAC.APP.No.4/2004

%                                 Date of decision: 25th August, 2009



      SUDESH MARWAH                        ..... Appellant
                  Through : Ms. Maldeep Sidhu, Adv.

                    versus

      VIRPAL & ORS                             ..... Respondents
                          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.25,000/- has been awarded

to the appellant. The appellant seeks enhancement of the award

amount.

2. The accident dated 21st May, 1982 resulted in grievous

injuries to the appellant. The appellant suffered compound

fracture of pelvis and multiple injuries including groing and

haematoma left thigh. The appellant remained hospitalized for

about one month and was bed ridden for 1-1/2 years. The

appellant was carrying on the tailoring work and earning Rs.800/-

per month. She could not carry out the tailoring work for about

1-1/2 years. The learned Tribunal awarded Rs.3,000/- towards the

loss of income by taking the income of the appellant to be

Rs.500/- for a period of six months. Rs.2,000/- has been awarded

towards the expenditure of medicines and conveyance and

Rs.20,000/- has been awarded on account of pain and suffering.

The total compensation awarded is Rs.25,000/-

3. Considering the facts and circumstances of this case, the

compensation awarded by the learned Tribunal is grossly

inadequate. The appellant remained hospitalized for one month

and was bed ridden for about 1-1/2 years and could not work and

earn for the said period. The learned Tribunal has not given any

reason for awarding compensation for only six months instead of

1-1/2 years. The compensation for loss of income is, therefore,

enhanced from Rs.3,000/- to Rs.12,000/- taking the monthly

income of the appellant to be Rs.800/- per month for 1-1/2 years.

The learned Tribunal has awarded Rs.2,000/- towards the medical

expenditure which is also on a lower side. Considering the

injuries suffered by the appellant and the period of hospitalization

of one month, the compensation for medical expenditure is

enhanced from Rs.2,000/- to Rs.5,000/-. The learned Tribunal has

awarded Rs.20,000/- for pain and sufferings which is just, fair and

reasonable. However, the appellant is also entitled to

compensation for loss of amenities of life which is assessed to be

Rs.10,000/-. The appellant was immobilized due to the accident

and, therefore, the compensation of Rs.10,000/- is awarded

towards the conveyance and Rs.5,000/- towards the special diet.

The total compensation awarded is Rs.62,000/-.

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

from Rs.25,000/- to Rs.62,000/-. The learned Tribunal has

awarded interest at the rate of 9% per annum which is not

disturbed on the original award amount of Rs.25,000/-. 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 deposit.

5. The enhanced amount along with interest be deposited with

the UCO Bank, Delhi High Court Branch within 45 days.

6. Upon the aforesaid deposit being made, the UCO Bank is

directed to release Rs.50,000/- to the appellant by transferring

the said amount to her Saving Bank Account.

7. The remaining amount be kept in the fixed deposit for a

period of five years on which the interest shall be paid monthly

by automatic credit of interest in the Savings Account of

appellant.

8. Withdrawal from the aforesaid account shall be permitted to

appellant after due verification and the Bank shall issue photo

Identity Card to appellant to facilitate identity.

9. The original Fixed Deposit Receipt shall be retained by the

Bank in the safe custody. However, the original Pass Book shall

be given to appellant along with the photocopy of the FDR.

10. The original Fixed Deposit Receipt shall be handed over to

the appellant at the end of the fixed deposit period.

11. No loan, advance or withdrawal shall be allowed on the said

Fixed Deposit Receipt without the permission of this Court.

12. On the request of the appellant, the Bank shall transfer the

Savings Account to any other branch of UCO Bank in Delhi

according to the convenience of the appellant.

13. The appellant shall furnish all the relevant documents for

opening of the Saving Bank Account and Fixed Deposit Account

to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal,

Parliament Street, New Delhi.

14. On the direction of this Court, the appellant was examined

by BLK Memorial Hospital. The appellant was admitted at BLK

Memorial Hospital on 29th July, 2009 upto 3rd August, 2009. The

Hospital conducted all necessary pathological tests, radiology

tests, ECG, bone scan, parathyroid scan, x-ray and was examined

by the expert doctors who have given their report as to her

medical condition and treatment. According to the Hospital, the

appellant is suffering from severe osteomalacia and her condition

is treatable and the monthly expenditure on hospital visit and

rehabilitation is Rs.2,000/- and on diet and medicine is Rs.2,500/-.

The appellant may also require hip replacement on both the

sides. The hospital has submitted the report on 8th August, 2009.

The hospital has raised a bill for Rs.28,233/- which has been sent

along with the report. This is a legal aid matter. The cost of

examination and report of BLK Memorial Hospital is assessed to

be Rs.20,000/- which shall be paid by Delhi Legal Services

Authority directly to BLK Memorial Hospital.

15. This Court appreciates the assistance rendered by

Ms. Maldeep Sidhu and Mr. D.K. Sharma, counsel for the parties.

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

parties under the signatures of the Court Master.

17. Copy of this order be also sent to Mr. M.M. Tandon, Member-

Retail Team, UCO Bank Zonal, Parliament Street, New Delhi

(Mobile No. 09310356400) through the UCO Bank, High Court

Branch under the signature of Court Master.

J.R. MIDHA, J AUGUST 25, 2009 mk