Uttar Pradesh State Road ... vs Vikas Gautam
2016 Latest Caselaw 6015 Del

$~6
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                    Date of Decision: 15th September, 2016

+     MAC.APP. 569/2016 and C.M. Appl. 26847/2016

      UTTAR PRADESH STATE
      ROAD TRANSPORT CORPORATION            ..... Appellant
                  Through: Ms. Garima Prashad and Mr. Shadab
                           Khan, Advocates

                          versus

      VIKAS GAUTAM                                         ..... Respondent
                          Through:      Mr. Suraj Prakash, Advocate

      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.31,49,038/- has been awarded to the respondent.

2. The accident dated 17th July, 2012 resulted in grievous injuries to the respondent namely Compound Comminuted fracture Shaft both femora (mid distal 1/3), Compound Comminuted fracture Distal 1/3 right humerus, Compound Comminuted fracture proximal 1/3 ulna with dislocation radial head right, fracture proximal 1/3 right tibia, radial nerve palsy right UL, lateral popliteal nerve palsy left lower limb, septicemia, multiogran failure, left mid zone penumonia, head injury (diffuse axonal injury). The respondent suffered permanent disability of 51% relating to right upper and both lower limbs.

3. The Claims Tribunal took the loss of earning capacity of the

respondent as 100% and awarded Rs.20,21,760/- towards loss of future income due to permanent disability. The total compensation awarded is Rs.31,49,038/-.

4. Learned counsel for the appellant urged at the time of the hearing of the appeal that the compensation awarded by the Claims Tribunal towards loss of future income is grossly excessive and exorbitant. It is further submitted that the compensation awarded under the other heads is also on a higher side.

5. The respondent is present in Court and his injuries have been seen. This Court is satisfied that the compensation awarded by the Claims Tribunal is exorbitant and it warrants reduction.

6. The appeal is partially allowed and the compensation awarded by the Claims Tribunal is reduced to Rs.26 lakh along with interest @ 9% per annum from the date of filing of the claim petition.

7. The appellant has deposited Rs.26 lakh with the Registrar General of this Court in terms of the order dated 10th August, 2016. The appellant is directed to deposit the balance award amount with UCO Bank Delhi High Court Branch by means of a cheque drawn in the name of UCO Bank A/c Vikas Gautam within three weeks.

8. The appellant shall file the affidavit of compliance of this judgment 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 appellant shall send the copy of the affidavit to the respondent.

9. The order of disbursement of the award amount shall be passed on the next date of hearing.

10. List for directions on 05th October, 2016.

11. C.M. Appl. 26847/2016 is disposed of.

12. The statutory deposit be refunded back to the appellant after the

deposit of the balance award amount.

13. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master.

J.R. MIDHA, J.

SEPTEMBER 15, 2016 rsk