Murari Lal vs Birju Singh
2009 Latest Caselaw 5137 Del

21
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +     FAO No.12/1994

                            Date of Decision: 11th December, 2009
%

      MURARI LAL                                   ..... Appellant
                          Through : Mr. R. K. Sonkiya, Adv.

                   versus

      BIRJU SINGH                              ..... Respondent
                          Through : Ms. Ritu Bhardwaj, 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.1,00,000/- has been

awarded to the appellant. The appellant seeks enhancement

of the award amount.

2. The accident dated 22nd May, 1986 resulted in grievous

injuries to the appellant. The appellant suffered amputation

of left arm. The disability of the appellant has been assessed

to be 60%. The learned Tribunal has awarded Rs.70,000/-

towards permanent disability, Rs.20,000/- for pain, sufferings

and loss of amenities and Rs.10,000/- towards medicines.

The total compensation awarded is Rs.1,00,000/-.

3. The learned counsel for the appellant has urged the

following grounds at the time of hearing of this appeal:-

(i) The compensation of Rs.70,000/- towards loss of

income be enhanced.

(ii) Compensation for pain and suffering and loss of

amenities of life be enhanced.

(iii) The compensation be awarded for disfiguration.

4. The appellant is working with Municipal Corporation of

Delhi and no proof has been placed on record to the effect

that he was not promoted due to the disability.

5. In that view of the matter, Rs.70,000/- awarded by the

learned Tribunal towards disability for loss of income suffered

by the appellant is just, fair and reasonable and does not call

for any interference.

6. The learned Tribunal has awarded Rs.20,000/- for pain

suffering and loss of amenities of life. However, no

compensation has been awarded for disfiguration.

7. In the case of Oriental Insurance Co. Ltd. vs. Vijay

Kumar Mittal (2008) ACJ 1300, this Court examined all the

previous judgments with respect to the non-pecuniary

compensation awarded in the case of permanent disability

and held that the Courts have been awarding about

Rs.3,00,000/- under the heads of non-pecuniary damages for

amputation of leg with permanent disability of 50% and

above. The findings of this Court are reproduced

hereinunder:-

"17. From the aforenoted judicial decisions, a trend which emerges is that between the years 1985 and 1990, the courts have been awarding about Rs.3,00,000/- under the head „non- pecuniary damages‟ for amputation of leg resulting in permanent disability of 50 per cent and above."

8. Following the aforesaid judgment, compensation of

Rs.20,000/- awarded by the learned Tribunal towards pain

suffering and loss of amenities of life is enhanced to

Rs.2,50,000/- which shall include the following heads:-

(i) Compensation for pain - Rs.1,00,000/-

and suffering

(ii) Compensation for loss - Rs.1,00,000/-

of amenities of life

(iii) Compensation for - Rs.50,000/-

disfiguration

9. The appeal is allowed and the award amount is

enhanced from Rs.1,00,000/- to Rs.3,30,000/- (Rs.2,50,000 +

Rs.70,000 + Rs.10,000). The learned Tribunal has awarded

interest @ 12% per annum which is not disturbed on the

original award amount of Rs.1,00,000/-. 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

realization.

10. The enhanced award amount along with interest be

deposited by respondent No.2 with UCO Bank, Delhi High

Court Branch A/c Murari Lal within 30 days.

11. Upon the aforesaid deposit being made, the UCO Bank

is directed to release 40% of the same to the appellant and

the remaining award amount be kept in fixed deposit for a

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

the appellant.

12. The interest on the aforesaid fixed deposit shall be paid

monthly by automatic credit of interest in the Savings

Account of the appellant.

13. Withdrawal from the aforesaid account shall be

permitted to the appellant after due verification and the

Bank shall issue photo Identity Card to the appellant to

facilitate identity.

14. No cheque book be issued to the appellant without the

permission of this Court.

15. The original Fixed Deposit Receipt shall be retained by

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

Book shall be given to the appellant along with the

photocopy of the FDR.

16. The original fixed deposit receipt shall be handed over

to the appellant at the end of the fixed deposit period.

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

said fixed deposit receipt without the permission of this

Court. 18. Half yearly statement of account be filed by the

Bank in this Court.

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

the Savings Account to any other branch of UCO Bank

according to the convenience of the appellant.

19. 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.

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

parties under the signatures of the Court Master.

21. 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 DECEMBER 11, 2009 mk