Uttar Pradesh State Road ... vs Naveen Chand Upreti
2009 Latest Caselaw 2641 Del

6
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +        MAC.APP. 488/2007

                                      Date of Decision: 15th July, 2009
%

      UTTAR PRADESH STATE ROAD TRANSPORT
      CORPORATION                           ..... Appellant
                    Through : Ms. Garima Prashad and
                              Ms. Neha Goyal, Advs.

                       versus

      NAVEEN CHAND UPRETI               ..... Respondent
                   Through : Mr. Suresh 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.81,600/- has been

awarded to the respondent.

2. The accident dated 31st January, 1997 resulted in injuries

to the claimant. The claimant's left leg below knee came under

front tyre of the bus due to which he suffered fracture of tibia

and fibula and he underwent surgery for interlocking nailing in

the hospital on 27th February, 1997.

3. The learned Tribunal awarded Rs.31,100/- towards the

medical expenditure, Rs.9,000/- towards conveyance and

special diet, Rs.18,500/- towards the loss of earnings and

Rs.23,000/- towards pain and suffering. The total

compensation awarded is Rs.81,600/-.

4. The only ground urged by the learned counsel for the

appellant during the hearing of this appeal is that the appellant

did not prove by sufficient evidence that he suffered loss of

salary for five months and, therefore, the award of Rs.18,500/-

towards loss of earning is not based on evidence.

5. Considering the injuries suffered by the appellant, the

award of Rs.18,500/- towards loss of earning is fair and

reasonable. However, even if the argument of the appellant is

accepted, the compensation of Rs.18,500/- can be treated to be

compensation towards loss of amenities of life because the

learned Tribunal has not awarded any compensation for loss of

amenities of life to which the claimant was entitled. In fact,

considering the injuries suffered by the claimant, he may be

entitled to a higher amount but since no cross-objections have

been filed, this issue does not require any further consideration.

6. The appeal is dismissed. The award amount deposited by

the appellant with this Court and statutory amount of

Rs.25,000/- be released to the claimant within two weeks.

7. Considering that the appellant has restricted the

challenge in this appeal only to the award of Rs.18,500/-, it is a

misuse of process of law for the appellant to have obtained the

stay in respect of the entire award amount from this Court on

14th August, 2007. Be that as it may, the ex-parte stay order

dated 14th August, 2007 is hereby vacated.

8. Since there was stay on the release of the award amount

to the claimant, the appellant shall be liable to pay the interest

on the award amount up to the date of release of the award

amount to the claimant. The Registry has been directed to

release the entire award amount along with interest and the

statutory amount of Rs.25,000/- to the claimant within two

weeks and, therefore, the date of release of the award amount

to the claimant is treated to be 31st July, 2009. The appellant is

directed to deposit the interest up to 31st July, 2009. The

amount awarded by the learned Tribunal is Rs.81,600/- on

which the interest at the rate of 8% per annum from 8th

January, 2002 up to 31st July, 2009 comes to Rs.49,362.40. The

total award amount along with interest up to 31st July, 2009

comes to Rs.1,39,962.40 against which the appellant has

deposited a sum of Rs.94,596/- apart from the statutory

amount of Rs.25,000/- along with this appeal. The total comes

to Rs.1,19,596/-. The balance amount payable by the appellant

is Rs.11,366/-. The appellant is directed to pay the said amount

to the claimant by means of a cheque drawn in his name on the

next date of hearing.

9. List for payment of the balance amount on 11th August,

2009.

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

both the parties under signatures of Court Master.

J.R. MIDHA, J JULY 15, 2009 aj