Delhi High Court
Rajbir Sharma vs Virender Singh & Ors on 13 May, 2009
Author: J.R. Midha
23
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 244/2008
Date of Decision: 13th May, 2009
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RAJBIR SHARMA ..... Appellant
Through : Mr. Pramod Kumar Sharma,
Adv.
versus
VIRENDER SINGH & ORS ..... Respondents
Through : Mr. Pradeep Gaur and
Mr. Amit Kumar Pandey,
Advs. for R-3.
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. Mr. S.K. Sood, Manager (RO-1), National Insurance
Company Limited is present along with Mr. Pradeep Gaur,
Advocate. The respondent/Insurance Company is ready to
settle this matter according to the disability certificate issued
by LNJP Hospital, New Delhi in pursuance to the order dated
11th February, 2009 of this Court.
2. The accident dated 9th July, 2006 resulted in grievous
injuries to the appellant who filed the claim petition before
the learned Tribunal. The learned Tribunal awarded a sum of
Rs.46,100/- to the appellant. However, the appellant could
not obtain the disability certificate before the learned
Tribunal and, therefore, no amount was awarded towards
loss of income due to permanent disability.
3. After the award of the learned Tribunal, the appellant
obtained the disability certificate dated 29 th November, 2007
from the Chief Medical Officer, Badayun and filed this appeal
claiming compensation on account of permanent disability.
4. Vide order dated 11th February, 2009, this Court
directed the LNJP Hospital to constitute the board for
determining the permanent disability of the appellant in
pursuance to which the board was constituted and LNJP
Hospital vide certificate dated 26th March, 2009 has certified
the permanent disability of the appellant to be 35% in
relation to the whole body. The original certificate dated 26th
March, 2009 is on record.
5. The learned Tribunal has taken the income of the
deceased to be Rs.3,700/- per month according to the
minimum wages. The appellant was aged 35 years at the
time of the accident and applying the multiplier of 16 and
taking 35% of the same, the loss of income due to
permanent disability is computed at Rs.2,48,640/- (Rs.3,700
x 12 x 16 x 35%). The learned Tribunal has awarded
Rs.20,000/- towards pain and agony which considering the
35% disability is enhanced to Rs.35,000/-. The learned
Tribunal has not awarded any compensation towards loss of
amenities of life which considering the permanent disability
is awarded at Rs.35,000/-. The compensation to the
appellant is enhanced by Rs.3,00,000/- [Rs.2,48,640
(rounded off to Rs.2,50,000/-) + Rs.15,000 + Rs.35,000]
which is acceptable to both the parties.
6. With the consent of the parties, the award of the
learned Tribunal is enhanced from Rs.46,100/- to
Rs.3,46,100/- along with interest @7.5% per annum from the
date of filing of the petition till payment.
7. Respondent No.3 is directed to deposit the enhanced
amount along with interest with the learned Tribunal within
30 days.
8. Upon such deposit being made, the learned Tribunal is
directed to release as sum of Rs.50,000/- to the appellant
and the remaining amount be kept in fixed deposit with a
nationalized bank for a period of seven years on which
periodical interest be paid to the appellant but no loan,
advance or withdrawal be permitted without the permission
of the learned Tribunal.
9. This Court records the appreciation for Mr. S.K. Sood,
Manager, National Insurance Company Limited and Mr.
Pradeep Gaur, Advocate who have effectively assisted this
Court to settle this case amicably.
10. Copy of this order be given 'Dasti' to learned counsel
for the parties under signatures of Court Master.
J.R. MIDHA, J
MAY 13, 2009
aj
