Jagdish vs Ravi Kumar & Ors.
2010 Latest Caselaw 2111 Del

*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.117/2004

                                   Date of Decision: 21st April, 2010
%

      JAGDISH                                      ..... Appellant
                           Through : Mr. O.P. Mannie, Adv.

                      versus

    RAVI KUMAR & ORS.                   ..... Respondents
                  Through : Mr. Mirza Aslam Beg, Adv.
                             for Ms. Sonia 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.54,000/- has been

awarded to the appellant. The appellant seeks enhancement

of the award amount.

2. The accident dated 28th November, 1995 resulted in

grievous injuries to the appellant. The appellant suffered

fracture of nasal bone. The appellant had to undergo surgery

of nasal bone on which he spent Rs.43,000/-. The appellant

remained under treatment for more than two months.

3. The Claims Tribunal has awarded Rs.43,000/- towards

medical expenditure, Rs.4,000/- for loss of income for two

months, Rs.5,000/- towards pain and suffering and Rs.2,000/-

for conveyance and special diet. The total compensation

awarded is Rs.54,000/-.

4. The learned counsel for the appellant urged following

grounds at the time of hearing of this appeal:-

(i) The compensation for loss of income be awarded

for four months.

(ii) The compensation for pain and suffering be

enhanced.

(iii) Compensation for loss of amenities of life and

disfiguration be awarded.

(iv) The rate of interest be enhanced from 6% to 7.5%

per annum.

5. Considering the nature of injuries suffered by the

appellant, the compensation for pain and suffering is

enhanced from Rs.5,000/- to Rs.25,000/-. The Claims

Tribunal has not awarded any compensation for loss of

amenities of life and disfiguration. Rs.25,000/- is awarded for

loss of amenities of life and disfiguration. The Claims

Tribunal has awarded only Rs.4,000/- towards loss of income

for two months. The claimant could not attend his work for

four months and, therefore, the compensation for loss of

income is enhanced from Rs.4,000/- to Rs.8,000/-. The

compensation towards the medial expenditure, conveyance

and special diet does not call for any interference and is

upheld. The Claims Tribunal has awarded interest @ 6% per

annum which is enhanced to 7.5% per annum following the

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

Dharampal & Ors. vs. U.P. State Road Transport

Corporation, III 2008 ACC (1) SC.

6. The claimant is entitled to total compensation of

Rs.1,03,000/- (Rs.43,000/- towards medical expenditure,

Rs.8,000/- towards loss of income for four months,

Rs.25,000/- towards pain and suffering, Rs.25,000/- towards

loss of amenities of life and disfiguration and Rs.2,000/-

towards conveyance and special diet).

7. The appeal is allowed with costs. The award amount is

enhanced from Rs.54,000/- to Rs.1,03,000/- along with

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

petition till realization. The cost of the appeal is assessed at

Rs.10,000/-.

8. After making the payment of the award amount,

respondent No.3 shall be entitled to recover the same from

respondent No.2.

9. The enhanced award amount along with up to date

interest be deposited by respondent No.3 with UCO Bank A/c

Jagdish, Delhi High Court Branch within 30 days. The cost of

Rs.10,000/- of this appeal be deposited by respondent No.3

by means of separate cheque in the name of O.P. Mannie,

Advocate along with the deposit of the enhanced award

amount. In view of the judgment of this Court in Sat

Prakash vs. Jagdish, FAO.No.365/1999 decided on 26 th

March, 2010, the legal fee of the counsel for respondent

No.3 be also deposited with UCO Bank by means of a

separate cheque in the name of Ms. Sonia Sharma, Advocate.

10. Upon the aforesaid deposit being made, the UCO Bank

is directed to release 25% of the amount to the appellant by

transferring the same to his Saving Bank Account. The

remaining amount be kept in the name of the appellant in

fixed deposit in the following manner:-

(i) Fixed deposit in respect of 25% of the amount for

a period of one year with cumulative interest.

(ii) Fixed deposit in respect of 25% of the amount for

a period of two years with cumulative interest.

(iii) Fixed deposit in respect of 25% of the amount for

a period of three years with cumulative interest.

11. The Bank shall issue Fixed Deposit Pass Book instead of

the FDRs to the appellant and the maturity amount of the

FDRs be automatically credited to the Saving Bank Account

of the beneficiary at the end of the FDR.

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

said fixed deposit receipts without the permission of this

Court.

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

the Savings Account to any other branch according to the

convenience of the appellant.

14. 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.

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

parties under the signatures of the Court Master.

16. 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 APRIL 21, 2010 mk