Bhushan (Minor) Thr. Raj Rani ... vs Satpal & Ors.
2009 Latest Caselaw 4731 Del

43
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +       FAO.No.194/2002

%                             Date of decision: 19th November, 2009


      BHUSHAN (MINOR) THR. RAJ RANI ARORA ..... Appellant
                   Through : Mr. Ajit Singh, Adv.

                   versus

      SATPAL & ORS.                  ..... Respondents
                        Through : Mr. A.K. Soni, Adv. 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. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.20,000/- has been awarded

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

2. The accident dated 11th September, 1995 resulted in the

grievous injuries to the appellant. The appellant suffered fracture

in his right leg above knee and in left leg below knee. Both the

legs remained plastered for about 1½ months. The appellant was

10 years old at the time of the accident.

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

and suffering, Rs.2,000/- towards conveyance, Rs.3,000/- for

other expenses and Rs.5,000/- towards medicine and special diet.

4. The compensation awarded by the learned Tribunal is on a

lower side and it warrants enhancement. Considering the facts

and circumstances of this case, the compensation for pain and

suffering is enhanced from Rs.10,000/- to Rs.20,000/-. The

compensation for conveyance, other expenses and medicines

and special diet is not disturbed. 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

appellant is entitled to total compensation of Rs.40,000/-.

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

from Rs.20,000/- to Rs.40,000/-. The learned Tribunal has

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

original award amount of Rs.20,000/-. 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.

6. The enhanced award amount along with interest be

deposited by respondent No.3 with UCO Bank, Delhi High Court

Branch A/c Bhushan by means of a cheque through Mr. M.M.

Tandon, Member-Retail Team, UCO Bank Zonal, Parliament

Street, New Delhi (Mobile No. 09310356400) within 30 days.

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

release the same to the appellant by transferring the same to his

Saving Bank Account.

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

both the parties under signature of Court Master.

9. Copy of this order be also sent to Mr. M.M. Tandon, Member-

Retail Team, UCO Bank Zonal, Parliament Street, New Delhi

(Mobile No. 09310356400) through the UCO Bank, High Court

Branch under the signature of Court Master.

J.R. MIDHA, J

NOVEMBER 19, 2009 aj