Delhi High Court
Vinod Kumar Bansal vs Ranbir Singh & Ors. on 19 January, 2010
Author: J.R. Midha
17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.313/2009
% Date of decision: 19th January, 2010
VINOD KUMAR BANSAL ..... Appellant
Through : Mr. O.P. Mannie, Adv.
versus
RANBIR 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.1,91,500/- has been
awarded to him . The appellant seeks enhancement of the award
amount.
2. The accident dated 18th September, 2006 resulted in
grievous injuries to the appellant. The appellant was travelling in
bus No.DL-1PB-6424 on route No.957 from Budh Vihar to
Avantika. The appellant was standing near the front door of the
bus. The bus took a sharp turn at a high speed due to which the
appellant fell down from the bus and his right foot came under
the rear wheel of the bus. The appellant's right foot was
amputated and his permanent disability was assessed to be 45%
as per the disability certificate - Ex.PW1/1.
3. The learned Tribunal computed the compensation as
Rs.3,83,000/- but held the appellant to be contributory negligent
to the extent of 50% and, therefore, 50% compensation was
awarded to the appellant.
4. The learned counsel for the appellant has urged the
following grounds at the time of hearing of this appeal:-
(i) The appellant was not negligent and, therefore, the
finding of contributory negligence be set aside.
(ii) The increase in minimum wages due to inflation and
rise in price index be taken into consideration for
computing loss of earning capacity.
(iii) The compensation be awarded for disfiguration.
(iv) The compensation be awarded for loss of matrimonial
prospects.
(v) The rate of interest be enhanced from 7% to 7.5% per
annum.
5. The appellant was standing near the front door of the bus
and he fell down due to the sharp turn taken by the bus at a high
speed. The appellant would not have met with the accident if he
would not have been standing on the front door. The appellant
had to get down at Avantika which was about 15 feet away from
the spot of the accident. The appellant had no right to stand on
the front gate and, therefore, he was negligent and has
contributed to the accident. However, holding the appellant to be
50% negligent is not reasonable in the facts and circumstances of
this case. The negligence of the appellant is, therefore, taken to
be 20% instead of 50%.
6. The learned Tribunal has taken minimum wages of
Rs.3,312/- while computing loss of earning capacity of the
appellant. The learned Tribunal has not taken into consideration
the increase in minimum wages due to inflation and rise in price
index. It is well settled by 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.
7. The income of the appellant for computation of
compensation is taken to be Rs.4,968/- [(Rs.3,312 + Rs.6,624)/2].
The loss of earning capacity is held to be Rs.3,04,041/- (Rs.4,968
x 12 x 17 x 30%).
8. The learned Tribunal has not awarded any compensation for
disfiguration. There is amputation of right foot and, therefore,
Rs.50,000/- is awarded for disfiguration.
9. The learned Tribunal has also not awarded any
compensation for loss of matrimonial prospects. The appellant
was unmarried at the time of the accident and has been married
two and a half years back to a handicapped woman. Rs.50,000/-
is awarded to the appellant for reduction of matrimonial
prospects.
10. The appellant is entitled to the total compensation of
Rs.4,67,232/- [80% of (Rs.3,04,041 + Rs.5,000 + Rs.6,000 +
Rs.5,000 + Rs.10,000 + Rs.4,000 + Rs.50,000 + Rs.50,000 +
Rs.50,000 + Rs.50,000 + Rs.50,000)].
11. The appeal is allowed and the award amount is enhanced
from Rs.1,91,500/- to Rs.4,67,232/- 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 Bansal by means of a cheque through Mr.
M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament
Street, New Delhi (Mobile No. 09310356400) within 30 days.
13. Upon the enhanced award amount being deposited, UCO
Bank is directed to keep a sum of Rs.3,00,000/- 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.
(iv) Fixed deposit for Rs.25,000/- for a period of two years.
(v) Fixed deposit for Rs.25,000/- for a period of two and a
half years.
(vi) Fixed deposit for Rs.25,000/- for a period of three
years.
(vii) Fixed deposit for Rs.25,000/- for a period of three and
a half years.
(viii) Fixed deposit for Rs.25,000/- for a period of four years.
(ix) Fixed deposit for Rs.25,000/- for a period of four and a
half years.
(x) Fixed deposit for Rs.25,000/- for a period of five years.
(xi) Fixed deposit for Rs.25,000/- for a period of five and a
half years.
(xii) Fixed deposit for Rs.25,000/- for a period of six years.
14. The remaining amount be released to the appellant by
transferring the same to his Saving Bank Account.
15. The interest on the aforesaid fixed deposits shall be paid
monthly by automatic credit of interest in the Savings Account of
the appellant.
16. 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.
17. No cheque book be issued to the appellant without the
permission of this Court.
18. The original fixed deposit receipt 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 FDR.
19. The original fixed deposit receipt shall be handed over to
the appellants on the expiry of the period of the FDR.
20. No loan, advance or withdrawal shall be allowed on the said
fixed deposit receipt without the permission of this Court.
21. Half yearly statement of account be filed by the Bank in this
Court.
22. On the request of the appellant, the Bank shall transfer the
Savings Account to any other branch of UCO Bank according to
his convenience.
23. 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.
24. Copy of the order be given dasti to counsel for both the
parties.
25. 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.
J.R. MIDHA, J
JANUARY 19, 2010
aj
