Patti Ram vs Kushal Pal Singh
2009 Latest Caselaw 4465 Del

38
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.358/2008

%                                 Date of decision: 4th November, 2009


      PATTI RAM                                 ..... Appellant
                           Through : Mr. S.N. Parashar, Adv.

                      versus

      KUSHAL PAL SINGH                   ..... Respondent
                    Through : Mr. Pankaj Seth, 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. 6,59,062/- has been

awarded to the appellant. The appellant seeks enhancement of

the award amount.

2. The accident dated 20th February, 2005 resulted in grievous

injuries to the appellant. The appellant was sitting on the pillion

of two-wheeler scooter bearing No.DEU-6652 when he was hit by

a milk tanker bearing No.DL-1GB-3777. The appellant fell down

from the scooter and both his legs were crushed under the front

wheel of milk tanker. Both the legs of the appellant were

amputated. The permanent disability of the appellant has been

assessed as 85% in relation to left lower limb and 70% in relation

to right lower limb.

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

expenses, Rs.15,000/- towards conveyance and special diet,

Rs.5,59,062/- towards permanent disability and Rs.1,00,000/-

towards pain and suffering. The total compensation awarded is

Rs.6,84,062/-.

4. The leaned counsel for the appellant has urged the

following grounds at the time of hearing of this appeal:-

(i) The compensation for pain and suffering be enhanced.

(ii) The compensation for loss of amenities of life be enhanced.

(iii) The compensation for conveyance be enhanced.

(iv) The compensation for loss of income due to permanent

disability be enhanced.

(v) The compensation for disfiguration be awarded.

(vi) The compensation for attendant charges be awarded.

5. The appellant has suffered permanent disability due to

amputation of both legs and, therefore, the loss of earning

capacity is total. However, the learned Tribunal has taken the

loss of earning capacity to be 85% which is enhanced to 100%.

The condition of the appellant is apparent from the photographs

pasted on the disability certificate.

6. The learned Tribunal has taken the minimum wages into

consideration. However, the increase in minimum wages due to

inflation and rise in price index has not been taken. It is well

settled by the catena of judgments of this Court in the cases of

Kanwar Devi vs. Bansal Roadways, 2008 ACJ 2182,

National Insurance Company Limited vs. Renu Devi III

(2008) ACC 134 and UPSRTC vs. Munni Devi,

MAC.APP.No.310/2007 decided on 28.07.2008 where it has

been held that the Court should take judicial notice of increase in

minimum wages to meet the increase in price index and inflation

rate. The Court has taken the view that the minimum wages get

doubled over the period of 10 years and increase in minimum

wages is not akin to future prospects.

7. Following the aforesaid judgments, the loss of income of the

appellant due to permanent disability is computed to be

Rs.9,86,580/- [(Rs.3,045 + Rs.6,090)/2 x 12 x 18].

8. The learned Tribunal has awarded Rs.15,000/- towards

conveyance and special diet charges which is not appropriate

considering that the appellant will not be able to travel by public

transport and shall always have to incur expenditure on travel.

The loss on account of conveyance is awarded at the rate of

Rs.500/- per month and the loss on account of conveyance is

computed to be Rs.1,08,000/- (Rs.500 x 12 x 18).

9. The learned Tribunal has awarded Rs.1,00,000/- towards

compensation for pain and suffering which is inappropriate. The

law with respect to the award of compensation for pain and

suffering and loss of amenities of life is well settled by the

judgment of this Court in the case of Oriental Insurance Co.

Ltd. vs. Vijay Kumar Mittal & Ors., 2008 ACJ 1300.

10. Following the aforesaid judgment, the compensation for

pain and suffering is enhanced from Rs.1,00,000/- to

Rs.1,50,000/- and Rs.1,00,000/- is awarded towards loss of

amenities of life.

11. With respect to the attendant, no evidence has come on

record and, therefore, no compensation is awarded on this head.

However, with respect to the compensation for disfiguration,

Rs.50,000/- is awarded for disfiguration.

12. The appellant is entitled to total compensation of

Rs.13,94,580/- (Rs.9,86,580 + Rs.1,08,000 + Rs.1,50,000 +

Rs.1,00,000 + Rs.50,000).

13. The appeal is allowed and the award is enhanced from

Rs.6,59,062/- to Rs.13,94,580/- along with interest @7.5% per

annum from the date of filing of the petition till realization.

14. The enhanced award amount along with interest be

deposited by respondent No.3 with State Bank of India A/c Patti

Ram through Mr. H.S. Rawat, Relationship Manager, Tis Hazari

Branch, Tis Hazari (Mb: 09717044322) within 30 days.

15. Upon the enhanced award amount being deposited, State

Bank of India is directed to release a sum of Rs.1,00,000/- to the

appellant by transferring the said amount to his Savings Bank

Account and the remaining amount be kept in fixed deposit for 10

years on which monthly interest be paid to him.

16. The interest on the aforesaid fixed deposit shall be paid

monthly by automatic credit of interest in the Savings Account of

the appellant.

17. Withdrawal from the aforesaid account shall be permitted to

the appellant after due verification and the Bank shall issue photo

Identity Card to the appellant to facilitate identity.

18. No cheque book be issued to the appellant without the

permission of this Court.

19. The original Fixed Deposit Receipt shall be retained by the

Bank in the safe custody. However, the original Pass Book shall

be given to the appellant along with the photocopy of the FDR.

20. The original Fixed Deposit Receipt shall not be handed over

to the appellant without the permission of this Court.

21. No loan, advance or withdrawal shall be allowed on the said

Fixed Deposit Receipt without the permission of this Court.

22. Half yearly statement of account be filed by the Bank in this

Court.

23. On the request of the appellant, the Bank shall transfer the

Savings Account to any other branch of State Bank of India of

India according to the convenience of the appellant.

24. The appellant shall furnish all the relevant documents for

opening of the Saving Bank Account and Fixed Deposit Account

to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis

Hazari (Mb: 09717044322).

25. List for directions on 17th December, 2009.

26. Copy of the order be given dasti to counsel for both the

parties under the signatures of the Court Master.

J.R. MIDHA, J NOVEMBER 04, 2009 aj