Bimla Taing vs Charanjeet Singh & Ors.
2009 Latest Caselaw 3612 Del

19
*       IN THE HIGH COURT OF DELHI AT NEW DELHI


                       +       MAC.APP.No.674/2006



%                                 Date of decision: 7th September, 2009

      BIMLA TAING                                    ..... Appellant
                           Through : Mr. O.P. Mannie, Adv.

                      versus

      CHARANJEET SINGH & ORS.           ..... Respondents
                    Through : Mr. Ram Ashray, 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.1,50,000/- has been

awarded to the appellant. The appellant seeks enhancement of

the award amount.

2. The accident dated 16th July, 2004 resulted in the grievous

injuries to the appellant. The appellant was travelling in bus

bearing No.DL-1P-A-0277 while going to her office. The appellant

was in the process of alighting from the bus when the driver

suddenly moved the bus at a very high speed due to which the

appellant fell down on the road and left rear wheel of the bus run

over the left hand of the appellant. The appellant was admitted

to the hospital and was discharged on 27th July, 2004. The

appellant suffered degloving injury of left arm and left elbow,

fracture of left 3rd Metatarsal and fracture of left scapula. The

appellant was treated with skin grafting of upper limb at Max

Hospital. The appellant incurred expenditure of Rs.1,48,039.63

against which she got reimbursement of Rs.93,735/- from her

employer and the remaining bill amount was rejected being in

excess of the permissible limit of the appellant. This is duly

proved by the statement of PW - 5 from State Bank of India who

deposed that the appellant submitted total bill of Rs.1,48,039.63

out of which Rs.93,735/- was reimbursed and the remaining claim

was rejected being in excess of the permissible limit. The

appellant remained on leave for two months and nine days. The

permanent disability of the appellant was assessed as 25% in

respect of the upper limb.

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

medical expenses, Rs.75,000/- towards pain and sufferings,

Rs.20,000/- towards loss of income, Rs.25,000/- towards loss of

enjoyment of life and Rs.20,000/- towards conveyance and

special diet. The total compensation awarded to the appellant is

Rs.1,50,000/- along with interest at the rate of 6% per annum.

4. The learned counsel for the appellant seeks enhancement

of the award amount on the ground that no compensation has

been awarded towards the permanent disability. The learned

counsel further submits that the compensation for medical

expenses be enhanced from Rs.10,000/- to Rs.54,304.63. The

learned counsel further seeks enhancement on the ground that

the appellant remained on leave for two months and nine days

and she hired an attendant at the salary of Rs.1,800/- per month

and less amount has been awarded by the learned Tribunal

towards the cost of the attendant. The learned counsel for the

appellant also seeks enhancement of the rate of interest from 6%

per annum to 9% per annum.

5. Considering the facts and circumstances of this case,

Rs.25,000/- is awarded towards the permanent disability,

Rs.54,304.63 is awarded towards the medical expenses,

Rs.5,000/- is awarded towards the attendant and the rate of

interest is enhanced from 6% per annum to 7.5% per annum.

The total compensation payable to the appellant is computed to

be Rs.2,24,304.63 (Rs.25,000 + Rs.54,304.63 + Rs.5,000 +

Rs.75,000 + Rs.20,000 + Rs.25,000 + Rs.20,000).

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

from Rs.1,50,000/- to Rs.2,24,304.63 along with interest @ 7.5%

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

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

with the learned Tribunal within 30 days.

8. Upon such deposit being made, the learned Tribunal is

directed to release 50% of the same to the appellant and the

remaining 50% is directed to be kept in the fixed deposit in the

name of the appellant for a period of five years on which monthly

interest be paid to her. However, no loan, advance or withdrawal

be permitted to the appellant without the permission of this

Court.

9. 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