Bablu Singh vs Dharmendra & Ors
2009 Latest Caselaw 3611 Del

20
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.292/2008

%                                 Date of decision: 7th September, 2009

      BABLU SINGH                                    ..... Appellant
                           Through : Mr. R.K. Bachchan, Adv.

                      versus

      DHARMENDRA & ORS                 ..... Respondents
                  Through : Mr. Ram N. Sharma, 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.5,67,465/- has been

awarded to the appellant. The appellant seeks enhancement of

the award amount.

2. The accident dated 13th October, 2004 resulted in the

grievous injuries to the appellant. The appellant suffered two

fractures in the femur of right leg. He underwent operation at

LNJP Hospital. The permanent disability of the appellant was

assessed to be 88% in respect of the right lower limb and 44% in

respect of the whole body. The learned Tribunal has awarded

Rs.75,000/- towards pain and suffering, Rs.20,000/- towards

special diet and conveyance, Rs.10,000/- towards the attendant,

Rs.1,13,065/- towards the medical expenses, Rs.54,600/- towards

loss of earning for the period of treatment, Rs.20,000/- towards

the loss of marriage prospects and Rs.2,75,400/- towards the loss

of income due to permanent disability. The total compensation

awarded is Rs.5,67,465/-.

3. The learned counsel for the appellant submits that the

learned Tribunal has not taken the future prospects for the

deceased into consideration while awarding the loss of income

due to permanent disability. The learned counsel further submits

that the compensation has been awarded by taking the

permanent disability to be 30% whereas the appellant suffered

88% permanent disability. The learned counsel further submits

that the appellant was under treatment for two years but the loss

of income has been taken only for one year.

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

disability, the learned Tribunal has taken the income of the

deceased to be Rs.4,500/- per month proved by PW-2 and

Ex.PW2/A. The appellant was aged 22 years at the time of the

accident and 50% is added towards the future prospects and the

income of the appellant for computation of compensation is taken

to be Rs.6,750/- (Rs.4,500 + Rs.2,250).

5. The deceased suffered 88% permanent disability in respect

of right lower limb and in respect of the whole body, it was

assessed to be 44%. The appellant is present in Court and his

injuries have been examined. The appellant has no earning. On

query by this Court, the appellant submits that he is learning the

job of mobile repairing and intends to work. Considering the

injuries suffered by the appellant, the loss of earning capacity is

taken to be 50%. The loss of income due to permanent disability

is assessed to be Rs.7,29,000/- (Rs.6,750 x 12 x 18 x 50%). The

appellant remained under treatment for a period of two years but

his loss of income during treatment has been computed for one

year.

6. The appellant has placed on record documents relating to

his treatment which are exhibited as Ex.PW1/1 (colly.), Ex.PW1/2

(colly.). There is sufficient material on record to show that the

appellant was under treatment for two years. The compensation

for loss of income during treatment is enhanced from Rs.54,600/-

to Rs.1,08,000/- calculated for a period of two years. The

appellant is entitled to total compensation of Rs.10,75,065/-

(Rs.7,29,000 + Rs.1,08,000 + Rs.75,000 + Rs.20,000 +

Rs.10,000 + Rs.1,13,065 + Rs.20,000).

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

from Rs.5,67,465/- to Rs.10,75,065/-. The learned Tribunal has

awarded interest @ 9% per annum on the original award amount

of Rs.5,67,465/- which is not disturbed. However, on the

enhanced amount of Rs.5,07,600/-, the appellant is entitled to

interest @ 7.5% per annum from the date of filing of the petition

till realization.

8. The enhanced amount be deposited by respondent No.3

with the learned Tribunal within 30 days.

9. Upon the enhanced award amount being deposited, the

learned Tribunal is directed to release a sum of Rs.50,000/- to the

appellant and the remaining amount be kept in fixed deposit for a

period of five years on which monthly interest be paid to the

appellant. However, no loan, advance or withdrawal be

permitted to the appellant without the permission of this Court.

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

both the parties under the signature of Court Master.

J.R. MIDHA, J SEPTEMBER 07, 2009 mk