Delhi High Court
Chotey Khan vs Niranjan & Ors. on 7 December, 2011
Author: G.P. Mittal
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 7th December, 2011
+ MAC APP. 370/2011
CHOTEY KHAN ..... Appellant
Through: Mr. Navneet Goyal with Ms. Suman
N. Rawat, Adv.
Versus
NIRANJAN & ORS. ..... Respondents
Through: Mr. Pankaj Seth, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The appeal is for enhancement of compensation in respect of
injury suffered by Appellant Chotey Khan in a road accident on
27.10.2009. The Appellant suffered compound fracture of left
ankle, injuries over right temporal region and pinna of the ear.
He remained under treatment in Sushruta Trauma Centre from
27.10.2009 to 16.11.2009. He received further treatment in
Swaran Jayanti Samudaik and Asha Hospital, Mathura, Uttar
Pradesh. As per the treatment record the last treatment received
by the Appellant on 23.07.2010. The Appellant suffered
permanent disability of 26% of left lower limb as per disability
certificate Ex. PX. The Tribunal assessed the compensation as `
2,98,877/-, which is tabulated hereunder: -
Sl. No. Head of Compensation Compensation granted by the
Tribunal
1. Medical expenses ` 21,300/-
2. Conveyance and special diet ` 27,000/-
3. Loss of earning for 9 ` 35,577/-
months
4. Pain & suffering ` 75,000/-
5. Loss of earning capacity ` 1,40,000/-
Total ` 2,98,877/-
2. The following contentions are raised on behalf of Appellant: -
(i) The Tribunal reduced the earning capacity in respect of
whole body to 20% though as per disability certificate it
was 26%. Since the Appellant was working as a junk
dealer and was to roam on a bicycle, his loss of earning
capacity ought to have been taken to be 30% and future
prospects ought to have been considered.
(ii) No compensation was awarded towards future treatment.
(iii) No compensation was awarded towards disfigurement
and loss of amenities of life.
3. According to the disability certificate Ex. PX, the Appellant
suffered compound fracture of left ankle with skin avulsion with
skin grafting on the dorsum of the foot. He suffered 26%
permanent disability in respect of his left lower limb. Though,
the Appellant deposed that he would not be able to earn his
livelihood on account of injuries he suffered, yet no medical
evidence was produced that the Appellant would not be able to
ride on a bicycle. In the circumstances, the loss of earning
capacity was rightly taken by the Tribunal to be 20%. A
compensation of ` 1,40,000/- under this head seems to be just
and reasonable.
4. On account of permanent disability the Appellant would have
difficulty in running and squatting. He was entitled to some
compensation for loss of amenities of life, which I assess as `
25,000/-
5. The Appellant's testimony that, he was still undergoing
treatment was not challenged in cross-examination though no
detail of future treatment was placed on record, yet considering
the nature of injuries the Appellant is entitled to a compensation
of ` 10,000/- for future treatment/ physiotherapy. I will tabulate
the awarded compensation as under: -
Sl. Head of Compensation Compensation Compensation
No. granted by the granted by the
Tribunal High Court
1. Medical expenses ` 21,300/- ` 21,300/-
2. Conveyance and special ` 27,000/- ` 27,000/-
diet
3. Loss of earning for 9 ` 35,577/- ` 35,577/-
months
4. Pain & suffering ` 75,000/- ` 75,000/-
5. Loss of earning capacity ` 1,40,000/- ` 1,40,000/-
6. Loss of amenities of life ` 25,000/-
7. Future treatment/ ` 10,000/-
Physiotherapy
Total ` 2,98,877/- ` 3,33,877/-
6. The enhanced compensation of ` 35,000/- will carry interest @
7.5% per annum from the date of filing of the petition till the
realization of the amount. The Respondent No.3, Reliance
Insurance Co. Ltd., insurer of the offending vehicle is directed
to deposit the enhanced compensation along with interest within
six weeks.
7. The appeal is allowed in above terms.
(G.P. MITTAL)
JUDGE
DECEMBER 7, 2011
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