Subhash Chandra Prashari vs Ved Prakash Kapoor & Ors.
2009 Latest Caselaw 5154 Del

22
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +      FAO No.366/2001

                           Date of Decision: 11th December, 2009
%

      SUBHASH CHANDRA PRASHARI       ..... Appellant
                  Through : Mr. Manish Kaushik, Adv.

                  versus

      VED PRAKASH KAPOOR & ORS.             ..... Respondents
                   Through : None.

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.6,600/- has been

awarded to him. The appellant seeks the enhancement of

the award amount.

2. The accident dated 5th August, 1985 resulted in the

injuries to the appellant. The appellant was going on his

motorcycle from his residence towards Sarojini Nagar Depot

and was in a stationary position at the red light of Africa

Avenue crossing to take right turn when he was hit from

behind by bus bearing No.DEP 6300. The appellant suffered

fracture of tibia and fibula bone of his left leg. The appellant

was removed to All India Institute of Medical Sciences by the

police and thereafter was treated by Dr. S.K. Mukherjee at

Mool Chand Hospital. The appellant proved Ex.PW1/A1 to

Ex.PW1/A-20 which are the receipts of payment made by him

to Mool Chand Hospital. The appellant also proved the

medical prescription as Ex.PW1/B1 to Ex.PW1/B-9. The

appellant further proved the receipts of payment made to

the doctor as Ex.PW1/C1 to Ex.PW1/C-4.

3. The learned Tribunal observed that there was no proof

that the appellant suffered fracture of tibia and fibula. The

finding of the learned Tribunal is not based on the evidence

on record. It is clearly recorded in Ex.PW1/B-9 that the

appellant suffered fracture of tibia and fibula of left leg and

he remained plastered till 14th August, 1985 and also

undertook physiotherapy till 16th January, 1986. The finding

of the learned Tribunal in this regard is set aside.

4. The learned Tribunal has awarded non-pecuniary

compensation of Rs.5,000/- which is not appropriate.

Considering the nature of injuries suffered by the appellant,

the appellant is awarded Rs.15,000/- towards pain and

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

The appellant has been awarded Rs.1,581/- towards

expenditure on treatment. The learned Tribunal has not

awarded any compensation towards conveyance and special

diet. Considering that the appellant remained in plaster and

had to visit the doctor and also for physiotherapy, Rs.5,000/-

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

special diet.

5. The appeal is allowed and the award amount is

enhanced from Rs.6,600/- to Rs.36,581/- (Rs.15,000 +

Rs.10,000 + Rs.1,581 + Rs.5,000 + Rs.5,000) along with

interest @ 7.5% per annum from the date of filing of the

petition till realization.

6. The enhanced award amount along with interest be

deposited by the respondents with the learned Tribunal

within 30 days. Upon the aforesaid deposit being made,

learned Tribunal is directed to release the same to the

appellant.

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

for the appellant under signature of Court Master.

J.R. MIDHA, J DECEMBER 11, 2009 mk