Prehlad Singh vs Balwant Singh & Ors.
2010 Latest Caselaw 665 Del

11
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.464/2009

                               Date of Decision: 5th February, 2010
%


      PREHLAD SINGH                                ..... Appellant
                           Through : Mr. O.P. Mannie, Adv.

                      versus

      BALWANT 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.84,030/- has been

awarded to the appellant. The appellant seeks enhancement

of the award amount.

2. The accident dated 29th May, 2006 resulted in grievous

injuries to the appellant. The appellant suffered following

injuries as a result of the accident:-

1. Fracture Pelvic bone (L)

2. Fracture Radius (R)

3. Fracture Fore Arm (R)

4. Fracture B/L/ Inf. Ishio-pubic rami,

5. Profusely Bleeding,

6. Multiple Abrassions and blunt injuries all over the body.

3. The appellant was taken to Babu Jagjivan Ram Hospital

and was thereafter shifted to Mahajan Hospital & Maternity

Centre. The fracture in the right hand got malunited. The

permanent disability of the appellant has been assessed as

24% as per disability certificate - Ex.PW4/A.

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

loss of income for three months, Rs.53,208/- towards loss of

earning capacity, Rs.5,750/- towards medical expenses,

Rs.5,000/- towards conveyance and special diet and

Rs.10,000/- towards pain and suffering. The total

compensation awarded is Rs.84,030/-.

5. The learned counsel for the appellant has urged the

following grounds at the time of hearing of this appeal:-

(i) The increase in minimum wages due to inflation

and rise in price index be taken into consideration

for computation of compensation for loss of

earning capacity.

(ii) The compensation for pain and suffering be

enhanced.

(iii) The compensation for loss of amenities of life be

awarded.

(iv) The compensation towards disfiguration be

awarded.

6. The appellant was aged 61 years at the time of the

accident and the learned Tribunal has taken minimum wages

of Rs.3,695/- per month and has applied the multiplier of 5

for computation of loss of earning capacity due to permanent

disability. According to the judgment of Hon'ble Supreme

Court in the case of Sarla Verma Vs. Delhi Transport

Corporation, 2009 (6) Scale 129, the appropriate

multiplier at the age of 61 years is 7. The multiplier is,

therefore, enhanced from 5 to 7.

7. It is well settled by the catena of judgments of this

Court in the cases of Kanwar Devi vs. Bansal Roadways,

2008 ACJ 2182, National Insurance Company Limited

vs. Renu Devi III (2008) ACC 134 and UPSRTC vs.

Munni Devi, MAC.APP.No.310/2007 decided on

28.07.2008 that the Court should take judicial notice of

increase in minimum wages to meet the increase in price

index and inflation rate. The Court has taken the view that

the minimum wages get doubled over the period of 10 years

and increase in minimum wages is not akin to future

prospects and the income should be computed by taking the

average of minimum wages and its double.

8. Following the aforesaid judgments, the income of the

appellant for computation of compensation is taken to be

Rs.5,542.50 per month [(Rs.3,695 + Rs.7,390)/2].

9. Taking the income of the appellant to be Rs.5,542.50

per month, applying the multiplier of 7 and taking 24% of the

same, the loss of earning capacity of the appellant is

computed to be Rs.1,11,736/- (Rs.5,542.50 x 12 x 7 x 24%).

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

pain and suffering which does not call for any interference.

However, no compensation has been awarded for loss of

amenities of life and disfiguration. Rs.10,000/- is awarded

towards loss of amenities of life and further Rs.10,000/- is

awarded for disfiguration.

11. The appellant is entitled to total compensation of

Rs.1,62,486/- (Rs.1,11,736 + Rs.10,000 + Rs.10,000 +

Rs.10,000 + Rs.5,000 + Rs.5,750 + Rs.10,000)

12. The appeal is allowed and the award amount is

enhanced from Rs.84,030/- to Rs.1,62,486/- along with

interest @ 8% per annum from the date of filing of the

petition till realization.

13. The enhanced award amount along with interest be

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

Singh, Delhi High Court Branch through Mr. M.M. Tandon,

Member-Retail Team, UCO Bank Zonal, Parliament Street,

New Delhi (Mobile No. 09310356400) within 30 days.

14. Upon the receipt of the aforesaid amount, UCO Bank is

directed to keep a sum of Rs.75,000/- in fixed deposit in the

name of the appellant in the following manner:-

(i) Fixed deposit for Rs.25,000/- for a period of six

months.

(ii) Fixed deposit for Rs.25,000/- for a period of one

year

(iii) Fixed deposit for Rs.25,000/- for a period of one

and a half years.

15. The remaining amount be released to the appellant by

transferring the same to his Saving Bank Account.

16. The interest on the aforesaid fixed deposits shall be

paid monthly by automatic credit of interest in the Savings

Account of the appellant.

17. Withdrawal from the aforesaid account shall be

permitted to the appellant after due verification and the

Bank shall issue photo Identity Card to the appellant to

facilitate identity.

18. The original Fixed Deposit Receipts shall be retained by

the Bank in the safe custody.

19. The original Pass Book shall be given to the appellant

along with the photocopy of the FDRs.

20. The original Fixed Deposit Receipts shall be handed

over to the appellant at the expiry of fixed deposit.

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

said Fixed Deposits without the permission of this Court.

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

this Court.

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

the Savings Account to any other branch of UCO Bank

according to the convenience of the appellant.

24. 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.

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

parties under signature of Court Master.

26. 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 05, 2010 aj