Regional Manager Upsrtc vs Suraj Thr Guardian
2010 Latest Caselaw 1718 Del

54
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.174/2010

                               Date of Decision: 26th March, 2010
%


      REGIONAL MANAGER UPSRTC        ..... Appellant
                   Through Mr. Aarohi Bhalla, Adv.

                      versus

      SURAJ THR GUARDIAN           ..... Respondent
                    Through Mr. S.L. Gupta, amicus curiae.
                    Mr. Piyush Singh, Adv. for Mr. Vikas
                    Pahwa, Additional Standing Counsel for
                    Delhi Police.
                    Mr. Gurvinder Singh, ASI.

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 respondent has been produced before this Court by

Gurvinder Singh, ASI, P.S. Welcome Colony.

2. The respondent is aged 14 years and is accompanied

by his father. The respondent was aged about 7 years at the

time of accident on 15th August, 2003. He was a student of

3rd standard at the time of accident. The respondent was

crossing the road when he was hit by bus No.UP-14-G-9607,

resulting in fracture of bone above knee and injuries on his

abdomen and tongue. The left leg was put under plaster and

stitches were given on the stomach and tongue. 17 stitches

were given on the stomach. The respondent remained

admitted in the hospital for 25 days and his treatment

continued for 6-7 months.

3. The Claims Tribunal has awarded Rs.4,000/- towards

medical expenses, Rs.2,000 towards conveyance, Rs.2,000/-

towards special diet, Rs.5,000/- towards loss of education

and Rs.30,000/-towards metal pain and agony. The total

compensation awarded is Rs.43,000/-.

4. The injuries of the respondent have been seen in the

Court today. Considering the injuries suffered by the

respondent, the amount awarded by the Claims Tribunal is

inadequate. The Claims Tribunal has also not awarded any

compensation for loss of amenities of life and disfiguration.

5. The respondent belongs to the lowest strata of society

and his father is a vegetable vender and selling vegetables

on a cart. The respondent's father stays in a rented house on

a rent of Rs.1,000/- per month. The income of the

respondent's father is equivalent to the minimum wages.

6. The award for Rs.43,000/- was passed by the Claims

Tribunal on 20th July, 2005. Despite a lapse of more than 4

years, because of poverty and illiteracy, the respondent

could not execute the award.

7. Considering the facts and circumstances of this case,

the award warrants enhancement by at least Rs.25,000/-.

However, in order to save the respondent from any delay due

to further litigation, it is suggested by the learned amicus

curiae and the counsel for Delhi Police that the statutory

amount of Rs.25,000/- deposited by the appellant along with

this appeal be released to the respondent as a cost on the

appellant for delaying the payment of the award amount to

the respondent and for filing this appeal which is not

warranted in the facts and circumstances of this case.

8. The learned counsel for the appellant is not averse to

such a course of action in order to do complete justice in this

matter.

9. In the facts and circumstances of this case, the appeal

is dismissed with cost of Rs.25,000/-.

10. The appellant has today handed over cheque

No.151598 of Rs.56,703/-, dated 25th March, 2010 drawn in

the name of the respondent to the respondent's father in

Court. Let the said cheque be deposited with UCO Bank,

Delhi High Court Branch. UCO Bank shall release a sum of

Rs.16,703/- to the respondent through his father by

transferring the same to their savings bank account. The

remaining amount of Rs.40,000/- be kept in the fixed deposit

in the name of the respondent, in the following manner:-

(i) Fixed deposit of Rs.10,000/- for a period of one

year.

(ii) Fixed deposit of Rs.10,000/- for a period of two

years.

(iii) Fixed deposit of Rs.10,000/- for a period of three

year.

(iv) Fixed deposit of Rs.10,000/- for a period of four

years.

11. The cost of Rs.25,000/- imposed upon the appellant be

recovered from the statutory amount deposited along with

this appeal. The Registrar General is directed to

transfer/remit Rs.25,000/- deposited by the appellant along

with this appeal to the UCO Bank A/c Suraj, Delhi High Court

Branch, within two weeks. Upon receipt of the said amount,

UCO Bank is directed to keep the said amount of Rs.25,000/-

in fixed deposit for five years.

12. The interest on all the aforesaid five fixed deposits shall

be paid monthly by automatic credit of interest in the

Savings Account of respondent operated by his father.

13. Withdrawal from the aforesaid account shall be

permitted to the respondent's father after due verification

and the Bank shall issue photo Identity Card the respondent

to facilitate identity.

14. No cheque book be issued to the respondent without

the permission of this Court.

15. The Bank shall issue Fixed Deposit Pass Book instead of

the FDRs to the respondent and the maturity amount of the

FDRs be automatically credited to the Saving Bank Account

of the beneficiary at the end of the FDR.

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

said fixed deposit receipts without the permission of this

Court.

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

this Court.

18. On the request of the respondent, the Bank shall

transfer the Savings Account to any other branch according

to the convenience of the respondent.

19. The respondent 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.

20. 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.

21. All pending CMs stand disposed of.

22. This Court appreciates the efforts made by Gurvinder

Singh, ASI, P.S. Welcome who on the request made by this

Court yesterday, produced the respondent due to which this

Court has been able to do complete justice in this matter.

23. This Court also appreciates assistance rendered by Mr.

S.L. Gupta, amicus curiae, Mr. Piyush Singh, Advocate for

Delhi Police and Mr. Aarohi Bhalla, counsel for the appellant

who have all rendered positive assistance to this Court.

24. Copy of this order be given 'Dasti' to learned counsel

for the appellant, respondent, learned amicus curiae as well

as counsel for Delhi Police, under signatures of Court Master.

J.R. MIDHA, J MARCH 26, 2010 HL