Delhi High Court
Rakesh Rakheja vs Hl Kashyap & Anr on 1 June, 2010
Author: J.R. Midha
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.11/2010
Date of Decision:1st June, 2010
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RAKESH RAKHEJA ..... Appellant
Through: Mr. O.P. Mannie, Adv.
versus
HL KASHYAP & ANR ..... Respondents
Through: Mr. Kanwal Choudhary, Advocate
for R-2.
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 Claims
Tribunal whereby compensation of Rs.1,15,533/- has been
awarded to the appellant. The appellant seeks the
enhancement of the award amount.
2. The accident dated 3rd September, 1999 resulted in
grievous injuries to the appellant. The appellant was driving
his two wheeler scooter near Atta Chowk, Noida, when he
was hit by car bearing No.DL-6CC-6566. The appellant
suffered compound fracture shaft femur of right leg. The
appellant was admitted in Noida Orthopedic Hospital from
03.09.1999 to 05.09.1999 and a rod/K-nail was inserted in
the fractured leg. The appellant thereafter took treatment
from Panacea, Sector-12, Noida and underwent
physiotherapy exercises at Friends Orthopedic and
Physiotherapy Centre, Friends Colony, New Delhi. The
appellant also consulted doctors of Safdarjung Hospital,
AIIMS, Lok Nair Hospital, VIMHANS Hospital, Sir Ganga Ram
Hospital, Spring Meadows Hospital and Ram Lal Kundan Lal
Orthopedic Hospital. The appellant was admitted in Ram Lal
Kundan Lal Orthopedic Hospital from 20th September, 2000
to 23rd September, 2000 where a fresh K-nail was inserted in
the right leg of the appellant along with bone grafting.
3. On 20th November, 2000, the appellant was again
admitted in Ram Lal Kundan Lal Orthopedic Hospital where
the nail was removed and he was discharged from the
hospital on 23rd November, 2000. The appellant remained
under OPD Treatment till 13th December, 2009 and he
resumed his duties on 14th December, 2009.
3. The injuries suffered by the appellant resulted in the
permanent disability to the extent of 15% in respect of right
lower limb.
4. The appellant was 24 years old at the time of accident
and was unmarried at that time. The appellant was working
as an accountant with M/s Arora Grover Bajaj and Co. earning
Rs.5,000/- per month as salary and Rs.800/- per month as
conveyance but due to the accident, the appellant could not
resume his duties till 15th July, 2001. The letter of the
employer was proved as Ex.PW-1/103. The appellant was
unable to qualify the ICWAI examination due to the accident.
5. The appellant engaged an attendant with effect from
6th September, 1999 to 5th February, 2000 (five months) at a
salary of Rs.3,000/- which was proved vide Ex.PW-1/104.
6. The Claims Tribunal awarded Rs.30,000/- towards pain
and suffering, Rs.56,783/- towards medical expenses,
Rs.12,750/- on account of permanent disability, Rs.10,000/-
towards special diet and Rs.6,000/- towards attendant
charges. The total compensation awarded was Rs.1,15,533/-.
7. The learned counsel for the appellant has urged
following grounds at the time of hearing of this appeal:-
(i) The compensation be awarded for loss of salary
during the period of treatment.
(ii) The compensation be awarded for loss of
earning capacity due to permanent disability.
(iii) The compensation for pain and suffering be
enhanced.
(iv) The compensation be awarded for loss of
amenities of life.
(v) The compensation be awarded for disfiguration
and loss of matrimonial prospects.
(vi) The compensation be also awarded for loss of
studies.
8. The learned counsel for the respondent vehemently
opposed this appeal and submitted that no ground for
enhancement is made out and the compensation awarded by
the Claims Tribunal is just, fair and reasonable.
9. The appellant remained under treatment for about 10
months and the Claims Tribunal has not awarded any
compensation for loss of salary during the period of
treatment. The appellant was earning Rs.5,000/- per month
and, therefore, lump-sum amount of Rs.30,000/- is awarded
towards loss of earning capacity during the period of
treatment.
10. In respect of the permanent disability, the Claims
Tribunal has awarded a sum of Rs.12,750/- by applying the
multiplier of 17 and taking the permanent disability as 15%.
The appellant was earning Rs.5,000/- per month at the time
of the accident. By applying the multiplier of 17 and taking
the loss of earning capacity as 15%, the loss of earning
capacity is computed to be Rs.1,53,000/- (Rs.5,000 x 12 x 17
x 15%). The finding of the Claims Tribunal in this regard is,
therefore, set aside and compensation for loss of earning
capacity is enhanced from Rs.12,750/- to Rs.1,53,000/-.
11. The Claims Tribunal has awarded Rs.30,000/- for pain
and suffering which do not warrant any interference.
However, the Claims Tribunal has not awarded any
compensation towards loss of amenities of life, disfiguration
and reduction of matrimonial prospects. Rs.25,000/- has
been awarded towards loss of amenities of life, Rs.15,000/-
towards disfiguration and Rs.15,000/- towards reduction of
matrimonial prospects. The Claims Tribunal has also not
awarded any compensation for loss of studies. The appellant
was pursuing ICWAI and one year of his education was
wasted due to the accident. Rs.10,000/- is awarded for loss
of studies.
12. The appellant kept an attendant at a salary of
Rs.3,000/- per month for a period of five months, which was
proved vide Ex.PW-1/104. Rs.15,000/- is awarded to the
appellant towards the attendant charges. The total
compensation is computed to be Rs.3,59,783/- (Rs.1,53,000
+ Rs.30,000 + Rs.30,000 + Rs.25,000 + Rs.15,000 +
Rs.15,000 + Rs.10,000 + Rs.15,000 + Rs.56,783 +
Rs.10,000).
13. The appeal is allowed and the award amount is
enhanced from Rs.1,15,533/- to Rs.3,59,783/-. The learned
Tribunal has awarded interest @9% per annum which is not
disturbed on the original award amount of Rs.1,15,533/-.
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.
14. The enhanced award amount along with interest be
deposited by respondent No.2 with UCO Bank A/c Rajesh
Rakheja, Delhi High Court Branch within 30 days.
15. 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.
16. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of the appellant.
17. 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.
18. No cheque book be issued to the appellant without the
permission of this Court.
19. 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.
20. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts 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 the convenience of the appellant.
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 (Mobile No.
09310356400).
24. Copy of the order be given dasti to counsel for both the
parties under 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
JUNE 01, 2010
HL
