Kuldeep @ Shiv Kumar vs Pawan Kumar & Ors
2009 Latest Caselaw 2690 Del

12
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +     MAC.APP.No.589/2008

                                           Date of Decision: 17th July, 2009
%

      KULDEEP @ SHIV KUMAR                             ..... Appellant
                     Through :             Mr. Diwan Singh Chauhan,
                                           Adv.

                       versus

      PAWAN KUMAR & ORS                             .... Respondents
                    Through :              Mr. Pradeep Gaur, Adv.


CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?

3.      Whether the judgment should be
        reported in the Digest?


                             JUDGMENT (Oral)

1. The appellant is present along with his counsel, Mr. Diwan

Singh Chauhan.

2. Mr. Naresh Wadhawan, Assistant Manager, National

Insurance Co. Ltd., D.R.O. - II is present along with Mr. Pradeep

Gaur, Advocate.

3. The appellant has suffered 20% disability as per the

disability certificate dated 21st October, 2008 which is Annexure-B

to the appeal. The appellant has suffered Post-Traumatic United

Fracture R Tibia with ankle stiffness with permanent disability of

20% in relation to the right lower limb. However, the learned

Tribunal has not awarded any compensation due to the

permanent disability because the disability certificate was issued

to the appellant after the award of the learned Tribunal.

4. As per the award, the income of the appellant has been

taken to be Rs.3,000/- per month according to the minimum

wages. The appellant was aged 36 years at the time of the

accident and applying the multiplier of 15 and treating the

permanent disability of the appellant to be 10% in respect of the

whole body, the loss of income of the appellant due to the

permanent disability is computed to be Rs.54,000/- (10% of

Rs.3,000/- x 12 x 15). The learned Tribunal has not awarded any

compensation for loss of amenities of life. The appellant has

undergone four surgeries and, therefore, loss of amenities is

computed to be Rs.25,000/-. The appellant is also entitled to the

interest on the aforesaid amount of Rs.79,000/- (Rs.54,000 +

Rs.25,000).

5. Considering the facts and circumstances of this case,

respondent No.3 is ready to settle this case for Rs.1,00,000/- in

full and final settlement of all the claims of the appellant including

the interest.

6. The appellant accepts the full and final settlement for

Rs.1,00,000/-.

7. The settlement between the parties is lawful and in

accordance with law and the settlement is, therefore, accepted.

This Court appreciates the effective assistance of Mr. Pradeep

Gaur, Advocate in resolving this case.

8. The appeal is allowed in terms of the above settlement.

Respondent No.3 shall pay a sum of Rs.1,00,000/- to the appellant

in full and final settlement within 30 days. Out of the settlement

amount of Rs.1,00,000/-, Rs.50,000/- shall be immediately

released to the appellant and the remaining Rs.50,000/- shall

remain in fixed deposit for a period of five years.

9. Respondent No.3 shall make the payment of the settlement

amount by means of two cheques, one cheque for Rs.50,000/- in

the name of the appellant and the second cheque for Rs.50,000/-

in the name of State Bank of India A/c Kuldeep @ Shiv Kumar.

State Bank of India shall keep Rs.50,000/- in fixed deposit in the

name of the appellant for a period of five years on which

periodical interest be paid to the appellant but no loan, advance

or withdrawal is permitted without the permission of this Court.

10. The appeal stands disposed of.

11. List for compliance on 1st September, 2009.

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

parties under the signature of Court Master. Copy of the order be

also sent to the Mr. H.S. Rawat, Relationship Manager, State Bank

of India, Tis Hazari Branch, Tis Hazari, Delhi-110054 (Mobile

No.9717044322) for issuance of fixed deposit to the appellant.

J.R. MIDHA, J

JULY 17, 2009 aj