Harbans Lal Dhadra vs New India Assurance Co. Ltd. & Ors.
2010 Latest Caselaw 1281 Del

11
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                  +       MAC.APP.No.475/2009

                                 Date of Decision: 8th March, 2010
%

      HARBANS LAL DHADRA                ..... Appellant
                   Through : Mr. S.P. Sharma, Adv.

                      versus

      NEW INDIA ASSURANCE CO. LTD. & ORS .. Respondents
                    Through : Mr. R.K. Kohli, 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.34,360/- has been

awarded to him. The appellant seeks enhancement of the

award amount.

2. The accident dated 7th November, 1990 resulted in

grievous injuries to the appellant. The appellant suffered

union compound fracture of both bones of left leg. The

appellant had to undergo bone grafting at Moolchand

Hospital. The permanent disability of the appellant has been

assessed as 10% in respect of left upper and lower limb vide

disability certificate dated 7th March, 2008. The learned

Tribunal has awarded Rs.4,000/- towards expenditure on

treatment, Rs.20,000/- towards pain and suffering, Rs.2,000/-

towards special diet, Rs.2,000/- towards conveyance and

Rs.6,360/- towards loss of income. The total compensation

awarded is Rs.34,360/-.

3. The learned counsel for the appellant has urged the

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

(i) The compensation for loss of income be

enhanced.

(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.

(v) The compensation for conveyance be enhanced.

4. The appellant has suffered 10% disability in respect of

left lower and upper limb due to united fracture both bones

left leg with acromio clavicular dislocation left shoulder as

per the disability certificate. The appellant is a self-

employed professional photographer.

5. The appellant is present in the Court and his injuries

have been perused. The appellant's left leg has shortened

and he limps while walking. The learned Tribunal has not

awarded any compensation for loss of earning capacity to

the appellant. The loss of earning capacity of the appellant

is taken to be 10%. The minimum wages at the time of the

accident of the appellant were Rs.1,060/- per month. The

income of the appellant for computation of compensation is

taken to be the average of minimum wages and its double

which comes to Rs.1,590/- [(Rs.1,060 + Rs.2,120)/2] in terms

of the judgment 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. The

appellant was aged 28 years at the time of the accident and

applying the multiplier of 17 and taking 10% of the same, the

loss of earning capacity is computed to be Rs.32,436/-

(Rs.1,590 x 12 x 17 x 10%). The learned Tribunal has

awarded Rs.6,360/- towards loss of income for six months

taking the minimum wages of Rs.1,060/-. However, the

increase in minimum wages due to inflation and rise in price

index has not been taken into consideration in terms of the

aforesaid judgments. Taking the increase in minimum wages

due to inflation and rise in price index, the compensation for

loss of income is computed to be Rs.9,540/- [(Rs.1,060 +

Rs.2,120)/2 x 6].

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

pain and suffering. No compensation has been awarded for

loss of amenities of life and disfiguration to which the

appellant is entitled to. Considering the injuries suffered by

the appellant and the surgery for bone grafting undergone by

him and the permanent disability suffered, the compensation

for pain and suffering is enhanced from Rs.20,000/- to

Rs.25,000/-. Rs.20,000/- is awarded towards loss of

amenities of life and further Rs.20,000/- is awarded towards

disfiguration.

7. The learned Tribunal has awarded Rs.2,000/- towards

conveyance. In view of the permanent disability suffered by

the appellant due to which he limps while walking and he is

unable to drive the vehicle, the compensation of Rs.2,000/- is

grossly inadequate. The compensation for conveyance is

enhanced from Rs.2,000/- to Rs.20,000/-.

8. The appellant is entitled to total compensation of

Rs.1,32,976/- (Rs.32,436/- towards loss of earning capacity,

Rs.9,540/- towards loss of income during treatment,

Rs.25,000/- towards pain and suffering, Rs.20,000/- towards

loss of amenities of life, Rs.20,000/- towards disfiguration,

Rs.2,000/- towards special diet, Rs.20,000/- towards

conveyance and Rs.4,000/- towards expenditure on

treatment)

9. The appeal is allowed and the award amount is

enhanced from Rs.34,360/- to Rs.1,32,976/- along with

interest @7.5% per annum from the date of filing of the claim

petition till the notice of deposit under Order XXI Rule 1 of

the Code of Civil Procedure.

10. The enhanced award amount along with interest be

deposited by respondent No.1 with State Bank of India A/c

Harbans Lal Dhadra, Tis Hazari Court Branch through Mr. H.S.

Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari

(Mb:09717044322).

11. Upon the aforesaid deposit being made, the State Bank

of India is directed to release 10% of the same to the

appellant by transferring the same to his Saving Bank

Account.

12. 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.

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 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.

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

said fixed deposit receipts without the permission of this

Court.

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

this Court.

19. On the request of the appellant, the Bank shall transfer

the Savings Account to any other branch according to the

convenience of the appellant.

20. The appellant shall furnish all the relevant documents

for opening of the Saving Bank Account and Fixed Deposit

Account to Mr. H.S. Rawat, Relationship Manager, Tis Hazari

Branch, Tis Hazari (Mb:09717044322).

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

parties under signatures of the Court Master.

22. Copy of this order be also sent to State Bank of India,

Tis Hazari Branch through Mr. H.S. Rawat, Relationship

Manager, Tis Hazari Branch, Tis Hazari (Mb:09717044322)

under the signature of Court Master.

J.R. MIDHA, J

MARCH 08, 2010 aj