Shri Ram vs Banwari Lal & Anr.
2009 Latest Caselaw 4264 Del

26
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +     FAO.No.79/2000

                            Date of Decision: 22nd October, 2009
%


      SHRI RAM                 ..... Appellant
                 Through : Ms. Aruna Mehta, Adv.

                 versus

      BANWARI LAL & ANR.        ..... Respondents
               Through : Mr. M.K. Tiwari, Adv. for
                         Mr. Pankaj Seth, 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.1,47,400/- has been

awarded to the appellant.

2. The accident dated 10th September 1994 resulted in

amputation of left leg of the appellant below knee. The

disability of the appellant was assessed to be 70% as per

disability certificate. The appellant was aged 45 years

working as Chowkidar earning Rs.2,200/- per month. The

learned Tribunal took the disability of the appellant to be

35% and the compensation towards loss of income was

computed to be Rs.92,400/- (Rs.770 x 12 x 10). The learned

Tribunal awarded Rs.5,000/- towards expenses on account of

special diet, Rs.15,000/- towards conveyance charges,

Rs.10,000/- towards pain and agony, Rs.5,000/- towards

attendant charges, Rs.15,000/- towards expenses on account

of loss of income and Rs.5,000/- towards purchase of

medicines. The total compensation awarded is Rs.1,47,400/-.

3. The learned counsel for the appellant submits that the

learned Tribunal has not taken the future prospects into

consideration. The learned counsel further submits that the

multiplier be enhanced from 10 to 14 considering the age of

the appellant. The learned counsel further submits that the

disability of the injured be taken to be 100% considering that

the appellant is not in a position to work. The learned counsel

further seeks enhancement towards compensation for pain

and agony. The learned counsel also submits that no

compensation has been awarded towards loss of amenities of

life.

4. In this facts and circumstances of this case, the income

of the deceased is taken to be Rs.2200/-, 30% is added

towards the future prospects and multiplier of 14 is applied

following the judgment of Hon'ble Supreme Court in case of

Sarla Verma Vs. Delhi Transport Corporation, 2009 (6)

Scale 129 and the disability of the injuried is taken to be

70%. The loss of income is computed to be Rs.3,36,336/-

[(Rs.2,200 + 30%) x 12 x 14 x 70%].

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

pain and agony which is enhanced to Rs.25,000/-. The

learned Tribunal has not awarded any compensation towards

loss of amenities of life. Rs 25,000/- is awarded towards loss

of amenities of life. The claimant are entitled to total

compensation of Rs.4,31,336/- (Rs.3,36,336 + Rs.5,000 +

Rs.5,000 + Rs.15,000 + Rs.25,000 + Rs.25,000 + Rs.5,000 +

Rs.15,000).

6. The appeal is allowed and award amount is enhanced

from Rs.1,37,400/- to Rs.4,31,336/-. The learned Tribunal has

awarded interest @ 12% per annum which is not disturbed

on the original award amount. However, on the enhanced

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

annum from the filing of the petition till realization.

7. The enhanced award amount be deposited by

respondent No.3 with State Bank of India by means of a

cheque drawn in the name of State Bank of India A/c Shri

Ram.

8. Upon the award amount being deposited, State Bank of

India is directed to release a sum of Rs.35,000/- to each of

claimants/appellants No.1 to 3.

9. The claimants shall have equal share in the remaining

award amount and their share be kept in fixed deposit in

their respective names for a period of five years on which

month interest be paid to them.

10. The interest on the aforesaid fixed deposits shall be

paid monthly by automatic credit of interest in the respective

Savings Account of the claimants.

11. Withdrawal from the aforesaid account shall be

permitted to the claimants after due verification and the

Bank shall issue photo Identity Card to the claimants to

facilitate identity.

12. No cheque book be issued to the claimants without the

permission of this Court.

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

said fixed deposit without the permission of this Court.

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

this Court.

15. On the request of the claimants, the Bank shall transfer

the Savings Bank Accounts to any other branch of State Bank

of India according to the convenience of the claimants.

16. The claimants 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).

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

parties under the signatures of the Court Master.

18. Copy of this order be also sent to Mr. H.S. Rawat,

Relationship Manager, Tis Hazari Branch, Tis Hazari

(Mb: 09717044322) under the signature of Court Master.

19. List for reporting compliance on 2nd December 2009.

J.R. MIDHA, J

OCTOBER 22, 2009 sp