New India Assurance Co Ltd vs Ishwari Prasad & Ors
2010 Latest Caselaw 1109 Del

8
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                     +    MAC.APP.No.23/2010

                              Date of Decision: 25th February, 2010
%


      NEW INDIA ASSURANCE CO LTD        ..... Appellant
                    Through Mr. L.K. Tyagi, Advocate.

                     versus

      ISHWARI PRASAD & ORS           ..... Respondents
                   Through Mr. G.P. Singh, Mr. N.K.
                   Tripathi and Mr. V.K. Singh, Advocates.


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)

CM No.1165/2010 (Delay)

1. For the reasons stated in the application, the delay in

filing the appeal is condoned.

2. The application stands disposed of.

MAC.APP.No.23/2010 and CM No.1163/2010

1. Notice issued to respondent No.1 has been returned

unserved. However, Mr. G.P. Singh, Advocate accepts notice

on behalf of respondent No.1.

2. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.8,65,000/- has been

awarded to claimant/respondent No.1.

3. The accident dated 27th May, 2006 resulted in the

amputation of right leg above knee of claimant/respondent

No.1. The permanent disability of claimant/respondent No.1

has been assessed as 80% as per certificate Ex.P-6. The

learned Tribunal awarded Rs.4,000/- towards medical

treatment, Rs.50,000/- towards pain and suffering,

Rs.7,55,712/- towards loss of earning capacity, Rs.50,000/-

towards arrangement of artificial limb, Rs.2,000/- towards

special diet and Rs.3,000/- towards conveyance. The total

compensation awarded is Rs.8,64,712/- rounded of as

Rs.8,65,000/-.

4. The only ground urged by learned counsel for the

appellant at the time of hearing of this appeal is that the

increase in minimum wages due to inflation and rise in price

index should not be taken into consideration because the

claimant was earning less than minimum wages at the time

of the accident. The learned counsel for claimant/respondent

No.1 in reply submits that the compensation towards pain

and suffering is grossly insufficient and no compensation has

been awarded towards loss of amenities in life and loss of

disfiguration.

5. The law with respect to the non-pecuniary

compensation is well settled by the judgment of this Court in

the case of Oriental Insurance Co. Ltd. vs. Vijay Kumar

Mittal (2008) ACJ 1300, where this Court examined all the

previous judgments with respect to the non-pecuniary

compensation awarded in the case of permanent disability

and held that the Courts have been awarding about

Rs.3,00,000/- under the heads of non-pecuniary damages for

amputation of leg with permanent disability of 50% and

above. In this case, the claimant has suffered 80%

permanent disability and is, therefore, entitled to non-

pecuniary compensation of Rs.3,00,000/- whereas the

learned Tribunal has awarded only Rs.50,000/-. The

compensation of Rs.50,000/- is grossly insufficient

considering that the claimant/respondent No.1 is 80%

disabled.

6. In view of the facts and circumstances of this case, no

case for interference of the award is made out and the

appeal is therefore dismissed.

7. The appellant has deposited a sum of Rs.10,81,250/- in

terms of order dated 21st January, 2010.

8. UCO Bank is directed to release a sum of Rs.81,250/-

to claimant/respondent No.1 by transferring the said amount

to his Savings Bank Account. The remaining be kept in fixed

deposits in the following manner:

(i.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of six months.

(ii.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of one year.

(iii.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of one and a half

years.

(iv.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of two years.

(v.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of two and a half

years.

(vi.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of three years.

(vii.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of three and a half

years.

(viii.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of four years.

(ix.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of four and a half

years.

(x.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of five years.

(xi.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of five and a half

years.

(xii.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of six years.

(xiii.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of six and a half

years.

(xiv.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of seven years.

(xv.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of seven and a half

years.

(xvi.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of eight years.

(xvii.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of eight and a half

years.

(xviii.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of nine years.

(xix.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of nine and a half

years.

(xx.) Fixed deposit for Rs.50,000/- in the name of

respondent No.1 for a period of ten years.

9. The interest on the aforesaid fixed deposits shall be

paid monthly by automatic credit of interest in the Savings

Account of respondent No.1.

10. Withdrawal from the aforesaid account shall be

permitted to respondent No.1 after due verification and the

Bank shall issue photo Identity Card to respondent No.1 to

facilitate identity.

11. No cheque book be issued to respondent No.1 without

the permission of this Court.

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

the FDR to the appellants and the maturity amount of the

FDRs be automatically credited to the Saving Bank Account

of the beneficiary at the end of the FDRs.

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

said fixed deposit receipts 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 respondent No.1, the Bank shall

transfer the Savings Account to any other branch of UCO

Bank according to the convenience of respondent No.1.

16. Respondent No.1 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.

17. The statutory amount of Rs.25,000/- be refunded back

to the appellant through counsel within a period of four

weeks.

18. CM No.1163/2010 stands disposed of.

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

parties under the signatures of the Court Master.

20. 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

FEBRUARY 25, 2010 HL