Delhi High Court
Shiddhi Gopal Dixit @ Siddh Gopal ... vs Siya Ram & Ors on 3 March, 2010
Author: J.R. Midha
10
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.573/2009
Date of Decision: 3rd March, 2010
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SHIDDHI GOPAL DIXIT @ SIDDH
GOPAL DIXIT ..... Appellant
Through : Mr. K.K. Dubey, Adv.
versus
SIYA RAM & ORS ..... Respondents
Through : Mr. Mohan Babu Aggarwal,
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.3,33,701/- has been
awarded to him. The appellant seeks enhancement of the
award amount.
2. The accident dated 7th December, 2006 resulted in
grievous injuries to the appellant. The appellant was
crossing the road when his right hand got crushed between
the offending truck and a stationary truck parked therein.
The appellant‟s right hand was amputated and his
permanent disability was assessed as 85% as per the
disability certificate. The appellant was working as a fruit
vendor. The learned Tribunal awarded Rs.25,000/- towards
pain and suffering, Rs.41,341/- towards medical expenditure,
Rs.15,000/- towards conveyance and special diet and
Rs.2,52,360/- towards loss of earning capacity. The total
compensation awarded is Rs.3,33,701/-.
3. The learned counsel for the appellant has urged the
following grounds at the time of hearing of this appeal:-
(i) The compensation be awarded for loss of income
during the period of confinement/treatment of
about one year.
(ii) The compensation for loss of earning capacity be
awarded.
(iii) The compensation for pain and suffering be
enhanced.
(iv) The compensation be awarded for loss of
amenities of life and disfiguration.
4. The learned Tribunal has computed the loss of earning
capacity at Rs.2,52,360/- taking the minimum wages of
Rs.3,505/- per month, applying the multiplier of 15 and
taking the loss of earning capacity to be 40%. The increase
in minimum wages due to inflation and rise in price index has
not been taken into consideration.
5. 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.5,257.50 per month [(Rs.3,505 + Rs.7,010)/2].
6. The learned Tribunal has taken the loss of earning
capacity of the appellant to be 40%. The appellant has
suffered permanent disability of 85% in respect of the right
arm. The appellant is present in the Court and considering
his injuries, the loss of earning capacity is taken to be 50%.
Taking the income of the appellant to be Rs.5,257.50 per
month, applying the multiplier of 15 and taking the loss of
earning capacity to be 50%, the loss of earning capacity is
taken to be Rs.4,73,175/- [(Rs.5,257.50 x 12 x 15) x 50%].
7. The learned Tribunal has not awarded any
compensation for loss of income during the period of
treatment. The appellant has not placed on record the
documents relating to the treatment and confinement for
one year. In the facts and circumstances of this case, the
period of treatment and confinement is taken to be six
months and the loss of income for six months is assessed as
Rs.31,545/- (Rs.5,257.50 x 6).
8. The learned Tribunal has awarded compensation of
Rs.25,000/- towards pain and suffering. In the case of
Oriental Insurance Co. Ltd. vs. Vijay Kumar Mittal
(2008) ACJ 1300, 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."
9. Following the aforesaid judgment, the compensation for
pain and suffering is enhanced from Rs.25,000/- to
Rs.1,00,000/-. Rs.1,00,000/- is awarded towards loss of
amenities of life and Rs.1,00,000/- towards disfiguration.
10. The appellant is entitled to total compensation of
Rs.8,61,061/- (Rs.41,341/- towards medical expenditure,
Rs.15,000/- towards conveyance and special diet,
Rs.31,545/- towards loss of income, Rs.4,73,175/- towards
loss of earning capacity, Rs.1,00,000/- towards pain and
suffering, Rs.1,00,000/- towards loss of amenities of life and
Rs.1,00,000/- towards disfiguration).
11. The appeal is allowed and the award amount is
enhanced from Rs.3,33,701/- to Rs.8,61,061/- along with
interest @8% per annum from the date of filing of the
petition till the date of notice of deposit under Order 21
Rule 1 of the Code of Civil Procedure.
12. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank A/c Siddhi
Gopal Dixit, Patiala House Branch through Mr. M.M.
Tandon, Member-Retail Team, UCO Bank Zonal,
Parliament Street, New Delhi (Mobile No. 09310356400)
within 30 days.
13. Upon the aforesaid deposit being made, UCO Bank is
directed to release 10% of the same to the claimant. 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 one year.
(ii) Fixed deposit in respect of 10% of the award
amount for a period of one and a half years.
(iii) Fixed deposit in respect of 10% of the award
amount for a period of two years.
(iv) Fixed deposit in respect of 10% of the award
amount for a period of two and a half years.
(v) Fixed deposit in respect of 10% of the award
amount for a period of three years.
(vi) Fixed deposit in respect of 10% of the award
amount for a period of three and a half years.
(vii) Fixed deposit in respect of 10% of the award
amount for a period of four years.
(viii) Fixed deposit in respect of 10% of the award
amount for a period of four and a half years.
(ix) Fixed deposit in respect of 10% of the award
amount for a period of five 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 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.
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 (Mobile No.
09310356400).
22. Copy of the order be given dasti to counsel for both the
parties under signatures 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
MARCH 03, 2010
aj
