Delhi High Court
Aman Manocha vs Prem Singh & Ors on 2 January, 2017
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02nd January, 2017
+ MAC.APP. 169/2016
AMAN MANOCHA ..... Appellant
Through: Mr. Vinod Tyagi and Mr.
Siddharth Tyagi, Advocates
versus
PREM SINGH & ORS ..... Respondents
Through: Ms. Raveesha Gupta, 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.2,07,000/- has been awarded to him.
The appellant is seeking enhancement of the award amount.
2. The accident dated 28th March, 2015 resulted in grievous
injuries to the appellant. The appellant was returning from office to
his residence on motorcycle when he was hit by Skoda car bearing
No.DL-9CQ-7788 near T-Point Ring Road, Naraina, New Delhi. The
appellant suffered fracture in his right leg medial malleolous and distal
shaft fibula and was initially taken to Deen Dayal Upadhyay Hospital
and thereafter, shifted to Santom Hospital, Prashant Vihar, Delhi
where he underwent a surgery on 31st March, 2015 for insertion of a
steel rod in his right leg. The appellant remained on leave upto 13th
August, 2015. The appellant underwent a second surgery for removal
of the steel rod after the passing of the award on 13th September, 2016
at Indian Spinal Injuries Centre. The doctors removed the steel rod
and inserted new steel rod in the surgery and opined that one more
surgery will have to be performed after a year. The discharge
summary of Indian Spinal Injuries Centre dated 14th September, 2016
has been placed on record. The appellant is on leave from 13th
September, 2016 to 13th January, 2017. The certificate of the
appellant's employer has been placed on record as Annexure A-35
with this additional affidavit.
3. The Claims Tribunal has awarded Rs.70,000/- towards medical
expenditure, Rs.10,000/- towards conveyance, Rs.5,000/- towards
special diet, Rs.12,000/- towards attendant charges and Rs.70,000/-
towards loss of income, Rs.30,000/- towards pain and suffering and
Rs.10,000/- towards loss of amenities of life. Total compensation
awarded is Rs.2,07,000/-.
4. Learned counsel for the appellant seeks enhancement of
compensation under the heads of pain and suffering, loss of amenities
of life, disfiguration, loss of matrimonial prospects. Learned counsel
for the appellant also seeks enhancement of compensation under the
heads of medical treatment, special diet, attendant charges as well as
loss of income. The appellant further seeks compensation for the
second surgery underwent by him on 13th September, 2016. It is
submitted that the appellant has incurred Rs.94,600/- on the second
surgery underwent by him on 13th September, 2016, Rs.12,500/- (@
Rs.2500/- per month for five months) on conveyance, Rs.7,500/- (@
Rs.1500/- per month for five months) on special diet, Rs.10,000/-
towards attendant charges (@ Rs.2000/- per month for five months)
and Rs.1 lakh for loss of income for four months from 13 th September,
2016 to 13th January, 2017.
5. Learned counsel for respondent No.3 urged that the
compensation of Rs.2,60,000/- being claimed by the appellant on
account of second surgery underwent by him on 13 th September, 2016
is on a higher side. It is submitted that the appellant is entitled to
compensation of Rs.80,000/- towards the medical expenditure
incurred on the second surgery and reasonable compensation under the
other heads.
6. The appellant is present in Court along with his counsel and his
condition has been seen by the Court as well as the counsel for
respondent No.3. The appellant is having a bandage on the right ankle
in which a steel rod has been inserted on 13th September, 2016 and he
is unable to stand without the help of a stick. He submits that he is
unmarried and has suffered loss of matrimonial prospects for which no
compensation has been awarded.
7. The appellant has incurred Rs.94,600/- on the second surgery
underwent by him on 13th September, 2016. The Claims Tribunal has
awarded Rs.70,000/- for the medical treatment taken by the appellant
prior to the passing of the award. A further sum of Rs.94,600/- is
awarded to the appellant towards medical expenditure for the second
surgery underwent by injured. The Claims Tribunal has awarded
Rs.10,000/- under the head of conveyance. A further sum of
Rs.12,500/- (@ Rs.2,500/- per month for five months) is awarded to
the appellant towards conveyance due to second surgery underwent by
him. The Claims Tribunal has awarded Rs.5,000/- under the head of
special diet. A further sum of Rs.7,500/- (@ Rs.1,500/- per month for
five months) is awarded to the appellant under this head. The Claims
Tribunal has awarded Rs.12,000/- under the head of attendant charges.
A further sum of Rs.10,000/- (@ Rs.2,000/- per month for five
months) is awarded to the appellant under the this head. The appellant
is on leave for four months from 13th September, 2016 to 13th January,
2017 and a further sum of Rs.1 lakh is awarded to the appellant under
the head of loss of income. The Claims Tribunal has awarded
Rs.30,000/- under the head of pain and suffering and Rs.10,000/-
under the head of loss of amenities of life. Considering the injuries
suffered by the appellant and the two surgeries underwent by him, the
compensation under the head of pain and suffering is enhanced from
Rs.30,000/- to Rs.70,000/- and compensation under the head of loss of
amenities of life is enhanced from Rs.10,000/- to Rs.38,400/-. The
Claims Tribunal has not awarded any compensation to the appellant
under the heads of loss of matrimonial prospects as well as
disfiguration. A compensation of Rs.50,000/- is awarded under the
heads of disfiguration and Rs.50,000/- under the head of loss of
matrimonial prospects. The appellant is entitled to the total
compensation of Rs.6,00,000/- (Rs.1,64,600/- for medical treatment,
Rs.70,000/- for pain and suffering, Rs.38,400/- for loss of amenities of
life, Rs.22,500/- for conveyance, Rs.12,500/- for special diet,
Rs.22,000/- for attendant charges, Rs.1,70,000/- for loss of income,
Rs.50,000/- under the head of disfiguration and Rs.50,000/- towards
loss of matrimonial prospects).
8. The appeal is allowed and the compensation awarded to the
appellant is enhanced from Rs.2,07,000/- to Rs.6,00,000/- along with
interest @ 9% per annum from the date of filing of DAR till
realisation.
9. Respondent No.3 is directed to deposit the enhanced award
amoun with UCO Bank by means of a cheque drawn in the name of
UCO Bank A/c Aman Manocha within 30 days. Upon the aforesaid
amount being deposited, UCO Bank shall release a sum of
Rs.1,50,000/- to the appellant by transferring the same to his
individual savings bank account. The balance amount be kept in five
fixed deposits of equal amount for the periods of 1 year, 2 years, 3
years, 4 years and 5 years in the name of the appellant.
10. The appellant shall intimate the particular of his savings bank
account to UCO Bank, Delhi High Court Branch.
11. The monthly interest on the FDRs of the appellant shall be
credited in the savings bank account of the appellant.
12. At the time of maturity, the fixed deposit amount shall be
credited in the savings bank account of appellant.
13. All the original FDRs shall be retained by UCO Bank, Delhi
High Court Branch. However, the photocopies of the same shall be
provided to the claimant/appellant.
14. No cheque book or debit card be issued to the
claimant/appellant without permission of this Court.
15. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
16. The claimant/appellant shall approach the UCO Bank for
completing the formalities for the disbursement of the award amount
in terms of this order.
17. UCO Bank, Delhi High Court Branch shall ensure that the
savings bank account of appellant is individual account and not joint
account.
18. Copy of this judgment be given dasti to counsels for the parties.
JANUARY 02, 2017 J.R. MIDHA, J.
Rsk
