Delhi High Court
Nanak Chand @ Rohit vs Vinod Kumar & Others on 29 August, 2011
Author: Indermeet Kaur
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 29.08.2011
+ MAC APPEAL No. 777/2011 & CM No.16095/2011
NANAK CHAND @ ROHIT ...........Appellant
Through: Mr. Anuj Saini, Advocate
Versus
VINOD KUMAR & OTHERS ..........Respondents
Through: Ms. Neerja Sachdeva,
Advocate
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
1. Whether the Reporters of local papers may be allowed to
see the judgment?
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be reported in the Digest?
Yes
INDERMEET KAUR, J. (Oral)
CM No. 16095/2011 (delay) in MAC APPEAL No. 777/2011
In view of the averments made in the application, the delay
of 97 days is condoned in filing the appeal.
Application is disposed of.
MAC APPEAL No. 777/2011
1 Award impugned before this court is the Award dated
27.01.2011 vide which a token compensation in the sum of
Rs.2,24,546/- had been awarded to the claimant. The claimant was
the father of a 13 year old child who had suffered an accident on
20.05.2005. Disability certificate produced in evidence was proved
as Ex.PX; the injured had suffered a disability to the extent of 90%
with respect to the left upper limb; the court had rightly noted
that since the disability with respect to one hand which is on the
left side; the total disability i.e. functional disability of the victim
was computed at 50% of 90% i.e. 45%. There is no dispute that
since the victim was 13 year old child his notional income of Rs.
15,000 per annum had to be taken into account and correct
multiplier of 15 had been applied. This amount equalized to Rs.
2,25,000/- ; 45% of the same had been awarded as loss of future
income i.e. Rs. 1,01,250/-; this calculation on no ground suffers
from any infirmity. Special amount had also been awarded under
the non-pecuniary head i.e. Rs. 50,000/- under the head of
"mental pain and agony" and another Rs. 50,000 towards physical
disfigurement and loss of amenities of life"; the victim had
remained in hospital for 20 days as per his own statement; Rs.
10,000/- as special diet; Rs. 10,000/- as conveyance charges; as
also medical expense of Rs. 3,296/-which was in terms of medical
bills produced of the government hospital were also the
entitlement of the claimant; interest had also been awarded at 8%
on this total sum of Rs. 2,24,546/-.
2 Only contention of the learned counsel for the petitioner is
that marriage prospect had not been accorded. Victim was a child
of 13 years; various amounts awarded under the various heads as
referred to above which include "loss of future of income",
"physical disfigurement and loss of amenities to life" are all heads
which have already taken care of this submission. No separate
amount is required to be awarded under this head; it will only
overlap the aforenoted two heads.
3 Impugned order in no manners suffers from any infirmity;
appeal is dismissed.
INDERMEET KAUR, J.
AUGUST 29, 2011
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