Surinder Singh vs Kuldeep Kumar Thru Lr???S & Ors.
2012 Latest Caselaw 764 Del

R-1/(P-1)
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +    MAC.APP.No.801/2005

%                                Date of decision: 3rd February, 2012

      SURINDER SINGH                          ..... Appellant
                   Through : Mr. N.S. Dalal, Adv.

                      versus

      KULDEEP KUMAR THRU LR'S & ORS.       ..... Respondents
                   Through : Mr. A.K. Soni, Adv. for R-3.

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

                          JUDGMENT (ORAL)

1. The appellant has challenged the award of the Tribunal

whereby compensation of `77,500/- has been awarded to the

appellant. The appellant seeks the enhancement of the award

amount.

2. The accident dated 31st October, 2000 resulted in

grievous injuries to the appellant. The appellant suffered

fracture of right shaft femur with fracture of pelvis which

resulted in one inch shortening with mild restriction of hip

movement right. The appellant also suffered permanent

disability to the extent of 17½% as per the permanent

disability certificate Ex.PW1/13. The appellant was working in

Delhi Police as Head Constable at the time of accident.

3. The Claims Tribunal awarded `25,000/- towards pain and

agony, `15,000/- towards loss of amenities of life, `25,000/-

towards medical treatment, `7,500/- towards conveyance

charges and `5,000/- towards special diet. The total

compensation awarded is `77,500/- along with interest at the

rate of 9% per annum.

4. The learned counsel for the appellant has made following

submissions at the time of hearing of this appeal.

(i) The compensation for loss of income due to permanent

disability be enhanced.

(ii) The compensation towards medical expenses be

enhanced from `25,000/- to `2,25,000/-.

(iii) The compensation for pain and suffering be enhanced.

(iv) The compensation for loss of amenities of life be

enhanced.

(v) The compensation be awarded for disfiguration.

5. With respect to the loss of income, the Claims Tribunal

held that the appellant has not suffered loss of income as he

continued to remain employed with Delhi Police as Head

Constable. The learned counsel for the appellant has stated

that the appellant has suffered loss of promotion. The

appellant has not examined any witness from Delhi Police to

prove that he suffered promotion due to the permanent

disability. In that view of the matter, the compensation for loss

of income does not warrant any enhancement.

6. With respect to the expenditure of the medical treatment,

the Claims Tribunal held that the appellant has proved the

medical bills to the tune of `25,000/- and the remaining bills

had not been placed on record. The appellant claims to have

spent further amount of `2 lakhs but the original bills have not

been placed on record. In that view of the matter, there is no

infirmity in the finding of the Claims Tribunal.

7. With respect to the compensation towards pain and

suffering, the compensation of `25,000/- awarded by the

Claims Tribunal is of lower side considering the injuries

suffered by the appellant. The appellant has suffered fracture

of right femur and pelvis for which he underwent surgery for

insertion of rod. The nailwires, screw and plates were removed

by another surgery in September, 2003. The rod inserted in

the appellant's leg may warrant further surgery in future. The

right leg of the appellant has shortened by one inch. The

appellant has suffered permanent disability to the extent of

17½%. In that view of the matter, the compensation for pain

and agony is enhanced from `25,000/- to `40,000/-. The

Claims Tribunal has awarded `15,000/- for loss of amenities of

life which is enhanced to `40,000/-. The Claims Tribunal has

not awarded any compensation for disfiguration. `30,000/- is

awarded towards disfiguration. The total compensation

awarded to the appellant is enhanced by `70,000/-.

8. For the reasons as aforesaid, the appeal is allowed. The

compensation awarded by the Claims Tribunal is enhanced

from `77,500/- to `1,47,500/- along with interest @ 9% per

annum from the date of filing of the petition till realization.

9. The enhanced award amount along with up to date

interest be deposited by respondent No.1 with UCO Bank, Delhi

High Court Branch by means of cheque/demand draft drawn in

the name of UCO Bank A/c Surinder Singh.

10. Upon the aforesaid amount being deposited, the UCO

Bank is directed to release 50% of the same to the appellant.

The remaining amount be kept in fixed deposit in the name of

the appellant for a period of two years.

J.R. MIDHA, J FEBRUARY 03, 2012 b