Delhi High Court
Master Ajeet Kumar Das vs Brahm Singh & Ors. (United India ... on 24 October, 2016
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 24th October, 2016
+ MAC.APP. 592/2016
MASTER AJEET KUMAR DAS ..... Appellant
Through: Mr.S.N. Parashar, Advocate
Versus
BRAHM SINGH & ORS.
(UNITED INDIA INSURANCE CO. LTD. ..... Respondent
Through: Mr.Sameer Nandwani, Advocate
for Respondent no.3.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.5,33,900/- has been awarded to the
appellant. The appellant is seeking the enhancement of the award
amount.
2. The accident dated 30th October, 2014 resulted in 90% disability
to the appellant. The appellant is present in Court and his disability
has been seen. The appellant cannot even wear and take off his cloths
on his own and is dependent on his family even for the basic
necessities. The injuries suffered by the appellant cannot be expressed
in words and therefore, this Court has taken the photograph of the
appellant which is reproduced hereunder:
3. The appellant was 11 years old at the time of the accident and
was studying in class 6th standard. However, he discontinued his
education and is not able to lead a normal life.
4. The Claims Tribunal has taken the functional disability of the
appellant as 45% which is on a lower side. Seeing the condition of the
appellant, this Court is of the view that the functional disability of the
appellant is 90%.
5. The Claims Tribunal has gravely erred in not awarding any
compensation towards loss of earning capacity. Since the appellant is
unable to lead a normal life and his functional disability has been
taken as 90%, this Court is of the view that the appellant has to be
financially protected in such a manner that the award amount kept in
fixed deposit should earn an interest of at least Rs.10,000/- for his
entire life.
6. In the facts and circumstances of this case, the loss of earning
capacity of the appellant is assessed at Rs.10 lakhs on the basis that
the total enhanced award amount would be Rs.15,33,900/- out of
which Rs.14 lakhs shall be kept in fixed deposit and the interest
thereon should be sufficient for the appellant to sustain himself.
7. The appeal is allowed and the award amount is enhanced from
Rs.5,33,900/- to Rs.15,33,900/- along with interest @ 9% per annum
from the date of institution of the claim petition i.e. 1st December,
2014 till realization.
8. The enhanced award amount be deposited by respondent no.3
with State Bank of India, Saket Court Branch by means of a cheque
drawn in the name of State Bank of India A/c Master Ajeet Kumar
Das.
9. Upon the aforesaid deposit being made, State Bank of India
shall keep the said amount in fixed deposit in its own name till further
order by this Court so that the amount starts earning interest from the
date of the clearance of the cheque.
10. The respondent no.3 shall file the affidavit of compliance of this
order within one week of the deposit. The affidavit shall contain the
computation of the interest on the award amount upto the date of
deposit. The respondent no.3 shall send the copy of the affidavit to the
appellant.
11. The order of disbursement shall be passed after the deposit of
the enhanced award amount.
12. List for directions as a part heard matter on 7th December, 2016
at 2.30 pm.
13. Copy of this judgment be given dasti to counsel for the parties
under the signature of the Court Master.
OCTOBER 24, 2016 J.R. MIDHA, J.
dk
