Delhi High Court
Vinod Kr.Gupta vs Raj Kumar & Ors. on 8 February, 2010
Author: J.R. Midha
30
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.538/2008
Date of Decision: 8th February, 2010
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VINOD KR.GUPTA ..... Appellant
Through : Mr. Manish Mannie, Adv.
versus
RAJ KUMAR & ORS. ..... Respondents
Through : Ms. Neerja Sachdeva, 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.2,35,000/- has been
awarded to him. The appellant seeks enhancement of the
award amount.
2. The accident dated 14th July, 2005 resulted in grievous
injuries to the appellant. The appellant is a practicing lawyer
and he was crossing the road in front of Tis Hazari Courts to
go towards Boulevard Road when a Santro Car bearing
No.DL-1CH-2236 hit him due to which the appellant fell down
and suffered following injuries:-
(i) Fracture Medial Malleolus (L)
(ii) Fracture Posterior Malleolus (L)
(iii) Pott's Fractures (left leg) treated with fixation of
two cancellous screws.
(iv) Mal United/Mal-alignment of ankle joint (left)
(v) Profusely bleeding.
(vi) Multiple abrasions and blunt injuries all over body.
3. The appellant was removed to Aruna Asaf Ali Hospital
where plaster was put on his left leg. The appellant
thereafter took the treatment from Lal Bahadur Shastri
Hospital where he was advised for close reduction and POP
cast. The appellant remained admitted in Lal Bahadur
Shastri Hospital for two days. The appellant was advised for
a operation for open reduction and internal fixation of two
screws in left ankle. The appellant also consulted Aggarwal
Dharmarth Hospital and Dr. S.P. Mandal from Sir Ganga Ram
Hospital who confirmed the above advice. The appellant
underwent operation on 26th July, 2005 for fixation of two
cancellous screws at Aggarwal Dharmarth Hospital where he
remained admitted till 28th July, 2005. The plaster was
removed on 3rd October, 2005. The appellant continued the
treatment and the screws were removed on 14th April, 2007.
There has been mal-alignment of ankle joint and the
appellant has suffered permanent disability which has been
assessed to be 65% in respect of the left lower limb.
4. The learned Tribunal has awarded Rs.30,000/- towards
medical treatment, Rs.10,000/- towards conveyance charges,
Rs.5,000/- towards special diet, Rs.40,000/- towards pain and
agony, Rs.60,000/- towards loss of income during the
treatment and Rs.90,000/- towards loss of earning capacity.
The total compensation awarded is Rs.2,35,000/-.
5. The learned counsel for the appellant has urged the
following grounds at the time of hearing of this appeal:-
(i) The loss of income and loss of earning capacity be
enhanced.
(ii) The compensation for pain and suffering be
enhanced.
(iii) The compensation be awarded for loss of
amenities of life.
(iv) The compensation be awarded for disfiguration.
6. With respect to the compensation for loss of income
and earning capacity, the appellant appeared in the witness
box as PW-4 and proved that the appellant was earning
Rs.8,000/- per month. However, the learned Tribunal has
taken his income to be Rs.5,000/- per month without any
basis. The learned counsel for respondent No.3 submits that
the appellant has not filed any documentary proof or Income
Tax Return to prove the income of Rs.8,000/-. The learned
counsel for the appellant submits that the appellant is a
practicing lawyer having 20 years experience but since the
appellant's income was below taxable limits, no Income Tax
Return was being filed. In the facts and circumstances of this
case, the income of the appellant is taken to be Rs.8,000/-
per month.
7. The appellant was aged 58 years at the time of the
accident and the appropriate multiplier at the age of 58
years is 9 whereas the learned Tribunal has applied the
multiplier of 5. The multiplier is, therefore, enhanced from 5
to 9. Taking the income of the appellant to be Rs.8,000/- per
month, applying the multiplier of 9 and taking the loss of
earning capacity to be 30%, the compensation for loss of
earning capacity is enhanced from Rs.90,000/- to
Rs.2,59,200/- [(Rs.8,000 x 12 x 9) x 30%]. The loss of
income during treatment is enhanced from Rs.60,000/- to
Rs.96,000/- (Rs.8,000 x 12).
8. The appellant has suffered 65% permanent disability in
respect of which the learned Tribunal has awarded
Rs.40,000/- towards pain and agony, which is enhanced to
Rs.50,000/-.
9. The learned Tribunal has not awarded any
compensation for loss of amenities of life as well as
disfiguration. Rs.50,000/- is awarded towards loss of
amenities of life and Rs.50,000/- towards disfiguration.
10. The appellant is entitled to the total compensation of
Rs.5,50,200/- (Rs.2,59,200 + Rs.30,000 + Rs.10,000 +
Rs.5,000 + Rs.50,000 + Rs.96,000 + Rs.50,000 + Rs.50,000)
11. The appeal is allowed and the award amount is
enhanced from Rs.2,35,000/- to Rs.5,50,200/- along with
interest @7.5% per annum from the date of filing of the
petition till realization.
12. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank, Delhi High
Court Branch A/c Vinod Kumar Gupta through Mr. M.M.
Tandon, Member-Retail Team, UCO Bank Zonal, Parliament
Street, New Delhi (Mobile No. 09310356400) within 30 days.
13. Upon the receipt of the aforesaid amount, UCO Bank is
directed to release 50% of the amount to the appellant by
transferring the same to his Saving Bank Account. The
remaining 50% amount be kept in fixed deposit for one year
with cumulative interest.
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 signature of 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
FEBRUARY 08, 2010
aj
