Ashok Narain Khanna vs Visvanath
2010 Latest Caselaw 962 Del

*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No 112/2004


                               Date of Decision: 19th February, 2010
%


      ASHOK NARAIN KHANNA         ..... Appellant
                   Through Mr. S.N. Parashar, Advocate.

                      versus

      VISVANATH                      ..... Respondent
                           Through Mr. S.L.Gupta and Mr. Ram
                           Ashray, 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)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.1,15,000/- has been

awarded to the appellant. The appellant seeks the

enhancement of award amount.

2. The accident dated 22nd January, 1999 resulted in the

grievous injuries to the appellant. The appellant lost vision in

left eye. The permanent disability has been assessed to be

30% as per the disability certificate issued to the appellant

by Dr. Ram Manohar Lohia Hospital. The learned Tribunal

took the permanent disability in respect of the total body as

15% and applied the multiplier of 11 to compute the loss of

dependency at Rs.79,200/- rounded of as Rs.80,000/-. The

learned Tribunal has awarded Rs.20,000/- towards loss of

enjoyment of life and pain and suffering, Rs.6,000/- towards

medical expenses, Rs.4,000/- towards conveyance charges

and Rs.5,000/- towards special diet. The total compensation

awarded is Rs.1,15,000/-.

3. Learned counsel for the appellant has urged following

grounds at the time of hearing of this appeal:-

(i) The loss of earning capacity be taken as 30% in

respect of whole body.

(ii) The compensation for medical expenses and loss

of amenities of life be enhanced.

(iii) The compensation be awarded for disfiguration.

(iv) The rate of interest be enhanced from 7% per

annum to 7.5% per annum.

4. The appellant is present in Court and he has lost vision

in left eye. The permanent disability of the appellant has

been assessed as 30% by Dr. Ram Manohar Lohia Hospital.

The appellant was doing the work of screen printing before

the accident, which he is unable to do any more.

Considering the fact that the appellant has lost his left eye,

the permanent disability for whole body is taken up 30%.

The appellant is entitled to Rs.1,58,400/- (Rs.4,000 x 12 x 11

x 30%) towards loss of earning capacity due to permanent

disability. The learned Tribunal has awarded Rs.6,000/- for

medical expenses which is on a lower side. No compensation

has been awarded for disfiguration. The compensation for

medical expenses is enhanced from Rs.6,000/- to

Rs.20,000/-, Rs.20,000/- is awarded for loss of amenities of

life and Rs.20,000/- is awarded for disfiguration. The

appellant is entitled to total compensation of Rs.2,47,400/-

(Rs.1,58,400 + Rs.20,000/- + Rs.20,000/- + Rs.20,000/- +

Rs.20,000/- + Rs.4,000/- + Rs.5,000/-).

5. The learned Tribunal has awarded interest @ 7% per

annum and following the judgment of Hon'ble Supreme Court

in the case of Dharampal vs. U.P. State Road Transport

Corporation, III 2008 ACC (1) SC, the rate of interest is

enhanced from 7% per annum to 7.5% per annum.

6. The appeal is allowed and the award amount is

enhanced from Rs.1,15,000/- to Rs.2,47,400/- along with

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

petition till realization.

7. The enhanced award amount along with interest be

deposited by respondent with UCO Bank A/c Ashok Narain

Khanna, Delhi High Court Branch within 30 days.

8. After deposit of award amount, the respondent No.3

shall be entitled to recover the same from the owner of the

vehicle in terms of the order of learned Tribunal.

9. Upon the aforesaid deposit being made, UCO Bank is

directed to release 10% of the same to the appellant. The

remaining amount be kept in fixed deposit in the name of the

appellant in the following manner:-

(i) Fixed deposit in respect of 10% of the award

amount for a period of six months.

(ii) Fixed deposit in respect of 10% of the award

amount for a period of one year.

(iii) Fixed deposit in respect of 10% of the award

amount for a period of one and a half years.

(iv) Fixed deposit in respect of 10% of the award

amount for a period of two years.

(v) Fixed deposit in respect of 10% of the award

amount for a period of two and a half years.

(vi) Fixed deposit in respect of 10% of the award

amount for a period of three years.

(vii) Fixed deposit in respect of 10% of the award

amount for a period of three and a half years.

(viii) Fixed deposit in respect of 10% of the award

amount for a period of four years.

(ix) Fixed deposit in respect of 10% of the award

amount for a period of four and a half years.

10. The interest on the aforesaid fixed deposits shall be

paid monthly by automatic credit of interest in the Savings

Account of the appellant.

11. 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.

12. No cheque book be issued to the appellant without the

permission of this Court.

13. 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.

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

said fixed deposit receipts without the permission of this

Court.

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

this Court.

16. 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.

17. 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 (Mobile No.

09310356400).

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

parties under signatures of the Court Master.

19. 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 19, 2010 HL