Delhi High Court
S.N.Bhardwaj vs Amir Khan & Ors on 12 January, 2010
Author: J.R. Midha
4
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.367/2008
Date of Decision: 12th January, 2010
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S.N.BHARDWAJ ..... Appellant
Through : Mr. Sunil Malhotra, Adv.
along with the appellant.
versus
AMIR KHAN & ORS ..... Respondents
Through : Mr. Pradeep Gaur, Adv.
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.11,000/- has been
awarded to the appellant. The appellant seeks the
enhancement of the award amount.
2. The accident dated 8th March, 2004 resulted in injuries
to the appellant. The appellant suffered grievous injuries on
his right hand. The appellant was given 24 stitches on his
right hand and he remained under treatment for three
months and could not attend to his work. The appellant is
lawyer by profession.
3. The learned Tribunal awarded Rs.1,000/- towards
medicines, Rs.5,000/- towards pain and suffering, Rs.4,000/-
towards loss of income and Rs.1,000/- towards conveyance
and special diet. The total compensation awarded is
Rs.11,000/-.
4. The learned counsel for the appellant has urged the
following grounds at the time of hearing of this appeal:-
(i) The leaned Tribunal has not taken the permanent
disability of 1% into consideration.
(ii) No compensation has been awarded for
permanent disability.
(iii) The compensation for loss of amenities of life be
awarded.
(iv) The compensation for pain and suffering be
enhanced.
(v) The compensation for loss of income be
enhanced.
5. The learned counsel for respondent No.3 submits that
the award of the learned Tribunal is fair and reasonable in
the facts and circumstances of this case.
6. The appellant placed the original permanent disability
certificate dated 25th October, 2006 on record before the
learned Tribunal according to which the appellant has
suffered 1% permanent disability due to "post trauma stiff
DIP & PIP joint of ® little finger." The appellant was under
treatment and could not attend the Court for about three
months.
7. In the facts and circumstances of this case and
considering the permanent disability of 1% suffered by the
appellant who remained under treatment for three months
and could not attend his work, compensation for pain and
suffering is enhanced from Rs.5,000/- to Rs.15,000/-.
8. The learned Tribunal has not awarded any
compensation for loss of amenities of life. Rs.15,000/- is
awarded for loss of amenities of life. The compensation for
loss of income is enhanced from Rs.4,000/- to Rs.18,000/-.
The appellant is entitled to total compensation of Rs.50,000/.
(Rs.15,000 + Rs.15,000 + Rs.18,000 + Rs.1,000 + Rs.1,000)
9. The appeal is allowed and the award amount is
enhanced from Rs.11,000/- to Rs.50,000/- along with interest
@ 7.5% per annum from the date of filing of the petition till
realization.
10. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank A/c S.N.
Bhardwaj, Delhi High Court Branch within 30 days.
11. Upon the aforesaid deposit being made, the UCO Bank
is directed to release the same to the appellant without any
requirement of any fixed deposit.
12. Copy of this order be given „Dasti‟ to learned counsel
for both the parties under signature of Court Master.
J.R. MIDHA, J
JANUARY 12, 2010/mk
