Ashok Kumar vs Satpal & Ors.
2010 Latest Caselaw 215 Del

32
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.970/2006

%                                 Date of decision: 15th January, 2010


      ASHOK KUMAR                               ..... Appellant
                           Through : Mr. T.L. Garg, Adv.

                      versus

      SATPAL & ORS.                             ..... Respondents
                           Through : Mr. Mohan Babu Aggarwal,
                                     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.45,000/- has been awarded

to him. The appellant seeks enhancement of the award amount.

2. The accident dated 22nd November, 1996 resulted in

compound fracture of both the bones of his left leg.

3. The learned Tribunal awarded Rs.20,000/- towards

compensation for pain and suffering, Rs.15,000/- towards loss of

wages, Rs.2,000/- towards medicines, Rs.3,000/- towards

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

compensation awarded is Rs.45,000/-.

4. The learned counsel for the appellant has urged the

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

(i) The compensation for pain and suffering be enhanced.

(ii) The compensation be awarded for loss of amenities of

life.

(iii) The compensation be awarded for disfiguration.

(iv) The compensation for loss of income be enhanced as

the appellant remained without salary for one year.

(v) The compensation for medical treatment be enhanced.

(vi) The compensation for conveyance and special diet be

also enhanced.

(vii) The rate of interest be enhanced.

5. The appellant suffered six fractures in his left leg and he

remained under treatment and out of job for one year. The

compensation of Rs.20,000/- towards pain and suffering is on a

very lower side. Considering that the appellant suffered six

fractures and remained under treatment for one year, the

compensation for pain and suffering is enhanced from

Rs.20,000/- to Rs.50,000/-. The learned Tribunal has not awarded

any compensation for loss of amenities of life. Rs.20,000/- is

awarded for loss of amenities of life. The learned Tribunal has

not awarded any compensation for disfiguration. Rs.8,000/- is

awarded as compensation for disfiguration.

6. The learned Tribunal has awarded Rs.15,000/- for loss of

wages for one year. The learned Tribunal took the minimum

wages of Rs.1,677/- into consideration. The learned counsel for

the appellant submits that the appellant was drawing a salary of

Rs.3,500/- per month. There is no documentary evidence on

record to prove that the employer did not pay wages to the

appellant for a period of one year. In that view of that matter, no

case of enhancement of loss of income is made out. The learned

Tribunal has awarded Rs.2,000/- towards medical expenses. The

appellant was treated in Government Hospital and the bills

proved on record did not exceed Rs.2,000/- and, therefore, no

case for enhancement of medical expenses is also made out. The

learned Tribunal has awarded Rs.3,000/- towards conveyance

which is inappropriate considering that the appellant was under

treatment for one year and had to visit the hospitals for which

expenditure was incurred on conveyance. Even after the

treatment, the appellant had to incur expenditure on conveyance

due to the six fractures suffered by him. The compensation

towards conveyance is, therefore, enhanced from Rs.3,000/- to

Rs.10,000/-. The learned Tribunal has awarded Rs.5,000/-

towards special diet which is fair and reasonable in the facts and

circumstances of this case.

7. The appellant is entitled to total compensation of

Rs.1,10,000/- as per the break-up given hereunder:-

      (i)     Compensation for                :      Rs.50,000/-
              pain and suffering

      (ii)    Compensation for                :      Rs.20,000/-
              loss of amenities of life

      (iii)   Compensation for                :      Rs.8,000/-
              disfiguration



        (iv)   Compensation for                :     Rs.15,000/-
              loss of wages

       (v)    Compensation for                :     Rs.2,000/-
              medical expenses

       (vi)   Compensation for                :     Rs.10,000/-
              conveyance

       (vii) Compensation for                 :     Rs.5,000/-
             special diet


                                   Total      :     Rs.1,10,000/-

8. The learned Tribunal has awarded interest @ 6% per

annum. Following the judgment of the 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 6% per annum to 7.5% per annum.

9. The appeal is allowed and the award amount is enhanced

from Rs.45,000/- to Rs.1,10,000/- 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, Delhi High Court

Branch A/c through Mr. M.M. Tandon, Member-Retail Team, UCO

Bank Zonal, Parliament Street, New Delhi (Mobile No.

09310356400) within 30 days.

11. Upon the aforesaid amount being deposited, the UCO Bank

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

following manner:-

(i) Fixed deposit for Rs.25,000/- in the name of the

appellant for a period of six months.

(ii) Fixed deposit for Rs.25,000/- in the name of the

appellant for a period of one year.

(iii) Fixed deposit for Rs.25,000/- in the name of the

appellant for a period of one and a half years.

12. The remaining amount be released to the appellant by

transferring the same to his Saving Bank Account.

13. The interest on the aforesaid fixed deposits shall be paid

monthly by automatic credit of interest in the Savings Account of

the appellant.

14. 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.

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

permission of this Court.

16. The original Fixed Deposit Receipts shall be retained by the

Bank in the safe custody. However, the original Pass Book shall

be given to the appellant along with the photocopy of the FDRs.

17. The original fixed deposit receipts shall be handed over to

the appellant on the expiry of the period of the FDRs.

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

fixed deposit receipts without the permission of this Court.

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

Court.

20. 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.

21. 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.

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

parties under the signature of the Court Master.

23. 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

JANUARY 15, 2010 aj