Shiv Lal vs Charan Singh & Ors.
2009 Latest Caselaw 4443 Del

31
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.268/2009

%                                 Date of decision: 3rd November, 2009


      SHIV LAL                                   ..... Appellant
                            Through : Mr. Multan Singh, Adv.

                      versus

      CHARAN SINGH & ORS.              ..... Respondents
                   Through : Ms. Hetu Arora, 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 award of the learned

Tribunal whereby compensation of Rs.31,678/- has been awarded

to him. The appellant seeks enhancement of the award amount.

2. The accident dated 20th June, 1997 resulted in grievous

injuries to the appellant. The appellant suffered fracture on his

right leg for which he was treated at AIIMS. The appellant was

initially plastered. The appellant is native of Village Baporolli,

District Mahendergarh, Haryana and he visited the hospital for

treatment from Mahendergarh. The appellant was operated upon

and a metal rod was inserted in his right shin which is continuing

till date. The appellant remained absent from his duty for about

six months and claimed medical expenses of Rs.15,000/-,

conveyance of Rs.9,638/- and loss of Rs.37,350/- due to his leave.

3. The learned Tribunal has awarded Rs.10,000/- towards pain

and suffering, Rs.2,000/- towards special diet, Rs.1,000/- towards

conveyance and Rs.18,678/- towards loss of income. The total

compensation awarded is Rs.31,678/-.

4. The learned counsel for the appellant seeks enhancement

of compensation under all the above mentioned heads.

5. With respect to the compensation for loss of income, the

learned Tribunal has awarded 50% of the salary of six months on

the ground that the appellant has not suffered loss of income as

he was a Government servant. However, considering that he

could have utilized the leave for some other benevolent purpose,

the learned Tribunal awarded 50% of the total salary to the

appellant. The findings of the learned Tribunal in this regard are

correct and are upheld.

6. With respect to the compensation for pain and suffering,

special diet and conveyance, the compensation awarded by the

learned Tribunal is on a lower side. Considering that the

appellant suffered fracture of his right leg for which he was

operated upon and a rod was inserted and he also remained

under treatment for about six months, the compensation for pain

and suffering is enhanced from Rs.10,000/- to Rs.15,000/-.

7. The learned Tribunal has not awarded any compensation for

loss of amenities of life. Rs.10,000/- is awarded towards loss of

amenities of life. The compensation of Rs.2,000/- towards special

diet is not disturbed. However, with respect to the compensation

towards conveyance, the appellant has proved Ex.CW1/B which

are receipts issued by the driver of the vehicle who used to carry

the appellant from Mahendergarh to Delhi for treatment. It is

stated in the said receipts that distance between Mahendergarh

and Delhi is 320 kms. and the driver has charged that

conveyance at the rate of Rs.5.30 per km. The receipts totaling

Rs.9,368/- have been proved by the appellant which have not

been considered by the learned Tribunal. The compensation

towards conveyance is, therefore, enhanced from Rs.1,000/- to

Rs.9,368/-.

8. The appellant is entitled to total compensation of

Rs.55,316/- (Rs.15,000 + Rs.10,000 + Rs.2,000 + Rs.9,638 +

Rs.18,678).

9. The appeal is allowed and the award amount is enhanced

from Rs.31,678/- to Rs.55,316/-. The learned Tribunal has

awarded interest @ 9% per annum which is not disturbed on the

original award amount of Rs.31,678/-. However, on the enhanced

award amount, the rate of interest shall be 7.5% per annum from

the date of filing of the petition till realization.

10. Respondent No.3 is directed to deposit the enhanced award

amount along with interest with UCO Bank, Delhi High Court

Branch A/c Shiv Lal within 30 days.

11. Upon such deposit being made, the UCO Bank is directed to

release 50% of the award amount to the appellant by transferring

the same to the Saving Bank Account of the appellant.

12. The remaining amount be kept in fixed deposit for a period

of two years with cumulative interest.

13. After the payment of the enhanced award amount along

with interest, respondent No.3 shall be entitled to recover the

same from respondents No.1 and 2 in terms of the original award.

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

parties under signature of Court Master.

J.R. MIDHA, J

NOVEMBER 03, 2009 aj