Ved Pal vs Kuldeep Singh & Ors.
2012 Latest Caselaw 2417 Del

R-52 (Part-I)
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

      +     MAC.APP. 545/2007 and CM No.12038/2007

%                                   Date of decision: 13th April, 2012

      VED PAL                                     ..... Appellant
                           Through : Mr. Pawan Kumar Bahl and
                                     Mr. S.K. Sharma, Advs.

                      versus

      KULDEEP SINGH & ORS.                    ..... Respondents
                    Through : None.

       CORAM:
       HON'BLE MR. JUSTICE J.R. MIDHA

                          JUDGMENT (ORAL)

1. The appellant is present in Court along with his counsel.

The appellant has challenged the award of the Claims Tribunal

whereby compensation of `4,66,894/- has been awarded to

him. The appellant seeks enhancement of the award amount.

2. The accident dated 6th July, 2002 resulted in grievous

injuries to the appellant. The appellant was riding on his

motorcycle bearing No.UP-17 9120 when he was hit by bus

No.DL-1PB 0229 from behind. The left thigh of the appellant

was crushed under the bus and, therefore, his left thigh was

amputated. The appellant also suffered multiple fractures on

right leg and multiple grievous injuries on all parts of the body

with abrasions. The permanent disability of the appellant was

assessed to be more than 40% vide permanent disability

certificate, Ex.PW1/4. The Claims Tribunal took the loss of

earning capacity to be 40% and awarded `2,54,448/- towards

loss of income due to permanent disability. The Claims

Tribunal awarded `43,282/- towards medical expenditure,

`10,400/- towards loss of conveyance, `5,000/- towards special

diet, `20,000/- towards loss of amenities of life and `10,000/-

towards pain and agony, `43,764/- towards loss of earning

during period of treatment and `50,000/- for permanent

disability. The total compensation awarded was `4,66,894/-.

3. The learned counsel for the appellant submits that the

loss of earning capacity of the appellant is 100% as the

appellant is unable to do any work. The learned counsel

further submits that the appellant has become impotent due to

the accident. The learned counsel further submits that the

disability certificate, Ex.PW1/4 does not specifically mention

the extent of permanent disability. He further submits that the

percentage of loss of earning capacity for amputation at hip is

90% as per Entry 16 of Schedule I, Part II of the Workmen‟s

Compensation Act, 1923. Entry 16 of Schedule I Part II of the

Workmen‟s Compensation Act, 1923 is reproduced hereunder:-

"S.No. Description of Injury Percentage of loss of earning capacity

16. Amputation at hip 90%"

4. It is submitted that the appellant may be referred to the

medical board to reassess the permanent disability resulting to

amputation at hip as well as impotency. It is further submitted

that the appellant has undergone three surgeries out of which

one surgery has taken place after the award and, therefore,

the appellant be permitted to lead additional evidence with

respect to the surgeries underwent and treatment taken by

him.

5. In exercise of power under Order XLI Rule 27(1)(b) of the

Code of Civil Procedure, this Court considers the additional

evidence to be necessary to do the complete justice in this

matter. The appellant is, therefore permitted to lead

additional evidence. This Court also considers it necessary

that the appellant be examined by the Board of medical

experts to reassess the permanent disability resulting to

amputation at hip as well as impotency.

6. The Medical Superintendent of Lok Nayak Jai Prakash

Narayan Hospital is directed to constitute a medical board for

re-assessment of the permanent disability of the appellant.

The Board shall also assess the effect of the permanent

disability on the earning capacity of the appellant. The Board

be constituted within a period of four weeks and the date of

examination of the appellant be intimated to him at the

following address:-

Ved Pal House No.305/4, Gali No.3, Phase - 10, Shiv Vihar, Delhi

7. The appellant is directed to submit the relevant

documents to the Medical Superintendent, LNJP Hospital, Delhi

within a period of four weeks. The report be submitted to this

Court within a period of four weeks of appellant‟s examination.

Simultaneously a copy of the report be sent to the appellant.

8. The appellant is permitted to file additional evidence by

way of affidavit within a period of three weeks of receiving the

copy of the disability certificate from the hospital. The

appellant shall furnish the copy of the disability certificate to

the respondent‟s counsel along with evidence by way of

affidavit.

9. List for recording of the additional evidence and cross-

examination of the appellant‟s witnesses before the Joint

Registrar on 8th August, 2012.

10. List this matter before Court on 31st August, 2012 in the

category of „After Notice Miscellaneous Matters.

11. Copy of this order be sent to the Medical Superintendent,

LNJP Hospital.

12. Copy of this order be given dasti to learned counsel for

the appellant who may also send the same to Medical

Superintendent, LNJP Hospital.

J.R. MIDHA, J APRIL 13, 2012 mk