Narender Singh vs Sompal & Ors.
2009 Latest Caselaw 2178 Del

44
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +    MAC.APP. 115/2004

                                  Date of Decision: 20th May, 2009
%

      NARENDER SINGH                       ..... Appellant
                   Through : Mr. D.K. Sharma, Adv.

                       versus

      SOMPAL & ORS.                              ..... Respondents
                            Through : Mr. Ram N. Sharma, Adv.
                                      for R - 3.

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 impugned award of

the learned Tribunal whereby compensation of Rs.2,20,390/-

has been awarded to the appellant. The appellant seeks

enhancement of the award amount.

2. The accident dated 12th November, 1997 resulted in

grievous injuries to the appellant. The appellant suffered

dislocation of right hip and was operated upon. After some

time, the wound gap got infected and, therefore, the

appellant underwent split skin grafting. The permanent

disability suffered by the appellant in relation to his right

lower limb on account of compound communited fracture

acetabulum with posterior dislocation right hip and

shortening of leg was assessed to be 45%. However, learned

Tribunal computed the loss of income by taking the

permanent disability to be 22.5% for the whole body.

3. The appellant has challenged the impugned award on

the ground that the loss of income should be computed by

taking the permanent disability to be 45% in respect of the

whole body. The second ground of challenge is that the

compensation of Rs.10,000/- for pain and suffering should be

enhanced. The learned counsel for the appellant also seeks

enhancement of the amount of Rs.10,000/- awarded for

conveyance and special diet on the ground that appellant

remained hospitalized for 102 days and was confined to bed

for 1-½ years. The appellant also seeks compensation for

loss of amenities which has not been awarded by the learned

Tribunal.

4. Considering the nature of injuries suffered by the

appellant and the permanent disability of 45%, the

compensation for pain and suffering is enhanced from

Rs.10,000/- to Rs.25,000/-.

5. The learned Tribunal has not awarded any amount for

loss of amenities. Considering the nature of injuries,

Rs.20,000/- is awarded for loss of amenities.

6. The appellant remained hospitalized for 102 days and

he underwent surgery for the hip fracture and the wound gap

got infected and, thereafter split skin grafting was also done

by the surgeon. The appellant remained confined to bed for

about 1½ years. Considering the period of confinement of

the appellant, the amount awarded for conveyance and

special diet is on lower side. The same is enhanced from

Rs.10,000/- to Rs.20,000/-.

7. The learned Tribunal has taken the permanent disability

of 45% to be 22.5% for whole of the body. The appellant is a

driver and is unable to drive anymore because of 45%

disability, and therefore, the disability of 45% is taken to be

for the whole body. The compensation for loss of income

computed by the learned Tribunal at Rs.1,37,720/- taking the

permanent disability of the whole body at 22.5% is enhanced

from Rs.1,37,700 to Rs.2,75,400/- (Rs.3,000 x 12 x 17 x

45%).

8. The appeal is accordingly allowed. The compensation

is enhanced from Rs.2,20,390/- to Rs.4,03,090/- (Rs.26,690/-

towards medical bills + Rs.25,000/- for pain and suffering +

Rs.20,000/- towards special diet + Rs.36,000/- towards loss

of earning for one year + Rs.2,75,400/- for compensation

towards loss of income + Rs.20,000/- for compensation

towards loss of amenities). The learned Tribunal has

awarded interest @ 9% per annum amount which is not

disturbed on the original award amount. However, on the

enhanced amount, the rate of interest shall be 7.5% from the

date of filing of the petition till realization.

9. Respondent No.3 is directed to deposit the enhanced

award amount with the learned Tribunal within 30 days.

10. Upon such deposit being made, the learned Tribunal is

directed to release a sum of Rs.50,000/- to the appellant and

the remaining amount be kept in the fixed deposit for a

period of five years on which periodical interest be paid to

the appellant but no loan, advance or withdrawal be

permitted without the prior permission of the learned

Tribunal.

J.R. MIDHA, J

MAY 20, 2009 mk