Ashok Kumar Bhardwaj vs Dinesh Kumar & Ors.
2009 Latest Caselaw 4869 Del

24
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.404/2004

%                                 Date of decision: 27th November, 2009


      ASHOK KUMAR BHARDWAJ                    ..... Appellant
                   Through : Mr. L.K. Tyagi, Adv.

                      versus

      DINESH KUMAR & ORS.                ..... Respondents
                   Through : Mr. Manoj Ranjan Sinha, 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 appellants have challenged the award of the learned

Tribunal whereby compensation of Rs.1,45,848/- has been

awarded to the appellants. The appellants seek enhancement of

the award amount.

2. The accident dated 1st July, 1996 resulted in grievous

injuries to the appellant. The appellant's right leg was crushed

under the front right tyre of the offending truck. The appellant

was taken to Ganga Ram Hospital where he remained admitted

from 1st July, 1996 to 5th August, 1996. The appellant's bone of

right leg was exposed and he also suffered injury to poplital. The

appellant has suffered permanent disability which has been

assessed by the Board to be 25% as per Ex.PW6/1.

3. The learned Tribunal has awarded Rs.1,45,848/- to the

appellant. The learned counsel for the appellant has challenged

the impugned award on the ground that the non-pecuniary

compensation as well as the compensation for loss of income due

to permanent disability be enhanced.

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

and suffering. No compensation has been awarded for loss of

amenities of life and disfiguration. Considering the nature of

injuries suffered by the appellant as well as the treatment

undertaken by him and the disability of 25% suffered by him, the

compensation for pain and suffering is enhanced from

Rs.15,000/- to Rs.25,000/-. Rs.25,000/- is awarded for loss of

amenities of life and Rs.20,000/- is awarded for disfiguration. The

total compensation towards non-pecuniary damages is computed

to be Rs.70,000/- (Rs.25,000 + Rs.20,000 + Rs.25,000).

5. With respect to the loss of income due to permanent

disability, the learned Tribunal awarded a lump-sum

compensation of Rs.15,000/-. The learned Tribunal has not

computed the loss of income according to the well settled

principles of law. The appellant was employed with M/s Bharat

Rasayan Finance Company at the time of the accident and was

drawing a salary of Rs.2,500/- per month which was proved by

Ex.PW4/1 and Ex.PW4/2. The appellant was aged 22 years at the

time of the accident and, therefore, 50% is added towards future

prospects and the multiplier of 18 is applied following the

judgment of Hon'ble Supreme Court in the case of Sarla Verma

Vs. Delhi Transport Corporation, 2009 (6) Scale 129. The

appellant has suffered 25% permanent disability in respect of

right limb. The loss of earning capacity due to permanent

disability is taken to be 15% and the loss of income due to the

permanent disability is assessed to be Rs.1,21,500/- (Rs.2,500 +

50% on account of future prospects x 12 x 18 x 15%). The

compensation for loss of income due to permanent disability is

enhanced from Rs.20,000/- to Rs.1,21,500/-. The learned

Tribunal has awarded Rs.5,000/- towards loss of income for two

months and Rs.15,000/- for permanent disability. Both these

heads are taken to be towards loss of income due to permanent

disability and shall be treated to be included in Rs.1,21,500/-

awarded for loss of income.

6. The appellant is entitled to total compensation of

Rs.3,02,348/-. The break-up of the same is given hereinunder:-

(i) Expenses on medical treatment : Rs.90,848/-

(ii) Expenses on conveyance : Rs.10,000/-

(iii) Expenses on special diet : Rs.10,000/-

(iv) Compensation for pain and suffering : Rs.25,000/-

(v) Compensation for loss of amenities : Rs.25,000/-

of life

(vi) Compensation for disfiguration : Rs.20,000/-

(vii) Compensation for loss of income : Rs.1,21,500/-

due to permanent disability Total : 3,02,348/-

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

from Rs.1,45,848/- to Rs.3,02,348/-. The learned Tribunal has

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

original award amount of Rs.1,45,848/-. 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. After

making the payment of enhanced award amount along with

interest to the appellant, respondent No.3 shall be entitled to

recover the same from respondents No.1 and 2.

8. The enhanced award amount along with interest be

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

Branch A/c Ashok Kumar Bharadwaj 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.

9. Upon the aforesaid enhanced award amount being

deposited, the UCO Bank is directed to release Rs.1,00,000/- to

the appellant by transferring the same to his Saving Bank

Account.

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

of three years on which monthly interest be paid to him.

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

monthly by automatic credit of interest in the Savings Account of

the appellant.

12. 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.

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

permission of this Court.

14. The original Pass Book shall be given to the appellant along

with the photocopy of the FDRs.

15. The original fixed deposit receipt shall be handed over by

the Bank to the appellant after the expiry of the period of FDR.

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

fixed deposit receipt without the permission of this Court.

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

Court.

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

Savings Account to any other branch of UCO Bank according to

the convenience of the appellant.

19. The appellant shall furnish all the relevant documents for

opening of the Saving Bank Account and Fixed Deposit Account

to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal,

Parliament Street, New Delhi (Mobile No. 09310356400).

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

parties under the signatures of the Court Master.

21. 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 27, 2009 aj