Delhi High Court
Balwant Singh vs Sohan Singh & Ors. on 28 January, 2010
Author: J.R. Midha
13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.577/2008
% Date of decision: 28th January, 2010
BALWANT SINGH ..... Appellant
Through : Mr. V.P. Katiyar, Adv.
versus
SOHAN SINGH & ORS. ..... Respondents
Through : Mr. Sudhir Makkar and
Ms. Meenakshi Singh, Advs.
for R-2.
Mr. Mohan Babu Aggarwal
and Mr. Harkesh Chand
Aggarwal, Advs. 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.45,727/- has been awarded
to him. The appellant seeks enhancement of the award amount.
2. The accident dated 7th May, 2003 resulted in grievous
injuries to the appellant. The appellant was driving his TSR
No.DL-1RD-7971 while going from Safdarjung Hospital to
Nizamuddin along with passengers when he was hit by a Honda
City car bearing No.DL-6CG-8432. The appellant suffered
fracture of shaft femur left side (middle 1/3rd) and was admitted
at Khetrapal Hospital, Bali Nagar from 10 th May, 2003 to 16th May,
2003 where an operation was performed on 15th May, 2003 and a
rod was inserted in the left shaft. The disability of the appellant
has been assessed to be 80% in respect of left lower limb. As per
disability certificate, it is a case of "Non union femur(L) ć implant
in setu."
3. The learned Tribunal has awarded a sum of Rs.25,000/-
towards pain and suffering, Rs.10,000/- towards special diet,
Rs.7,000/- towards conveyance, Rs.3,727/- towards treatment.
The total compensation awarded is Rs.45,727/-.
4. The learned counsel for the appellant has urged the
following grounds at the time of hearing of this appeal:-
(i) Compensation for loss of income due to permanent
disability be awarded.
(ii) Compensation for pain and suffering be enhanced.
(iii) Compensation for loss of amenities of life and
disfiguration be awarded.
(iv) Compensation for conveyance and special diet be
enhanced.
5. The appellant was aged 33 years at the time of the accident
and was doing the job of auto driver earning Rs.5,000/- per
month. However, in the absence of any documentary proof, the
minimum wages of Rs.3,207.90 per month are taken into
consideration. 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. Following the aforesaid judgments, the income of the
appellant is taken to be Rs.4,811.85 per month [(Rs.3,207.90 +
Rs.6,415.80)/2]. The appellant has suffered 80% disability in
respect of left lower limb. However, the functional disability and
loss of earning capacity is taken to be 30%. Taking the income of
the deceased to be Rs.4,811.85 per month, applying the
multiplier of 16 and taking 30% thereof, the loss of income is
computed to be Rs.2,77,162/- (Rs.4,811.85 x 12 x 16) x 30%].
6. The learned Tribunal has awarded Rs.25,000/- towards
compensation for pain and suffering which is on a lower side.
The learned counsel refers to and relies upon the judgment of the
Hon‟ble Supreme Court in the case of Oriental Insurance Co.
Ltd. vs. Vijay Kumar Mittal (2008) ACJ 1300, where this
Court examined all the previous judgments with respect to the
non-pecuniary compensation awarded in the cases of permanent
disability and held that the Courts have been awarding about
Rs.3,00,000/- under the heads of non-pecuniary damages for
amputation of leg with permanent disability of 50% and above.
The findings of this Court are reproduced hereinunder:-
"17. From the aforenoted judicial
decisions, a trend which emerges is that
between the years 1985 and 1990, the courts
have been awarding about Rs.3,00,000/- under
the head „non-pecuniary damages‟ for
amputation of leg resulting in permanent
disability of 50 per cent and above."
7. Following the aforesaid judgment, the compensation for
pain and suffering is enhanced from Rs.25,000/- to Rs.75,000/-.
Rs.75,000/- is awarded towards loss of amenities of life and
Rs.50,000/- is awarded towards disfiguration.
8. The learned Tribunal has awarded Rs.7,000/- towards
conveyance which is on a lower side considering that the
appellant has suffered 80% disability in respect of left lower limb
and cannot use the public transport and, therefore, would be
incurring the expenditure on conveyance. The compensation
towards conveyance is, therefore, enhanced from Rs.7,000/- to
Rs.20,000/-.
9. The appellant is entitled to total compensation of
Rs.5,10,889/- (Rs.2,77,162 + Rs.75,000 + Rs.75,000 + Rs.50,000
+ Rs.20,000 + Rs.10,000 + Rs.3,727).
10. The appeal is allowed and the award amount is enhanced
from Rs.45,727/- to Rs.5,10,889/-. The learned Tribunal has
awarded interest @ 9% per annum which is not disturbed on the
original award amount of Rs.45,727/-. However, on the enhanced
award amount, the rate of interest shall be @ 7.5% per annum
from the date of filing of the petition till realization.
11. Respondent No.3 is directed to deposit the enhanced award
amount along with up to date interest with UCO Bank A/c Balwant
Singh, Delhi High Court Branch through Mr. M.M. Tandon,
Member-Retail Team, UCO Bank Zonal, Parliament Street, New
Delhi (Mobile No. 09310356400) within 30 days.
12. Upon the aforesaid deposit being made, the UCO Bank is
directed to release 10% of the same to the appellant by
transferring the same to his Saving Bank Account.
13. The remaining amount be kept in fixed deposit in the name
of the appellant in the following manner:-
(i) Fixed deposit of 10% of the amount for a period of six
months.
(ii) Fixed deposit of 10% of the amount for a period of one
year.
(iii) Fixed deposit of 10% of the amount for a period of one
and a half years.
(iv) Fixed deposit of 10% of the amount for a period of two
years.
(v) Fixed deposit of 10% of the amount for a period of two
and a half years.
(vi) Fixed deposit of 10% of the amount for a period of
three years.
(vii) Fixed deposit of 10% of the amount for a period of
three and a half years.
(viii) Fixed deposit of 10% of the amount for a period of four
years.
(ix) Fixed deposit of 10% of the amount for a period of four
and a half years.
14. The interest on the aforesaid fixed deposits shall be paid
monthly by automatic credit of interest in the Savings Account of
the appellant.
15. 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.
16. No cheque book be issued to the appellant without the
permission of this Court.
17. 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.
18. The original Fixed Deposit Receipts shall be handed over to
the appellant on the expiry of the period of the FDRs.
19. No loan, advance or withdrawal shall be allowed on the said
fixed deposit receipts without the permission of this Court.
20. Half yearly statement of account be filed by the Bank in this
Court.
21. 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.
22. 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.
23. List for reporting compliance on 8th April, 2010.
24. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
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 under the signature of Court Master.
J.R. MIDHA, J
JANUARY 28, 2010
aj
