Delhi High Court
Neeraj Kumar vs Jabbar Singh & Anr. on 21 March, 2017
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 21st March, 2017
+ FAO 610/2016
NEERAJ KUMAR ...... Appellant
Through: Mr. Ashish Sharma, Advocate
with appellant in person
versus
JABBAR SINGH & ANR. ..... Respondents
Through: Respondent No.1 in
person.
Ms. Vandana Surana, Advocate
for respondent No.2
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the impugned order dated 18 th
October, 2016 whereby a compensation of Rs.2,66,533/- has been
awarded to the appellant.
2. On 16th March, 2015 at about 08:00 p.m., the appellant was
driving vehicle No.HR-55M-3116 under the employment of
respondent No.1 and he met with an accident with another vehicle
which resulted in fracture of mid shaft bone tibia with intra-medullary
nail and fracture of lower 1/3rd shaft tibia and mid shaft fibula. The
appellant suffered permanent disability of 43% with respect to both
lower limbs. The vehicle being driven by the appellant was owned by
respondent No.1 and insured with respondent No.2.
3. The appellant filed application for compensation before the
Commissioner, Employees' Compensation. The Commissioner,
Employees' Compensation awarded Rs.2,66,533/- by taking the
functional disability of the appellant as 15%.
4. Learned counsel for the appellant urged at the time of the
hearing that the functional disability of the appellant be taken up as
100% as he is unable to drive anymore due to permanent disability.
5. The appellant is present in Court and his condition has been
seen. Dr. Mani Shankar, Senior Medical Officer of Medical and
Health Centre, Delhi High Court has examined the appellant before
this Court. Dr. Mani Shankar is of the view that the functional
disability of the appellant be taken as 50%.
6. The appellant, present in Court, submits that he is unemployed
after the accident and the finding of the Commissioner, Employees'
Compensation that the appellant was working as a driver after the
accident is misconceived. It is submitted that the finding of the
Commissioner, Employees' Compensation is based on the statement
of respondent No.1, who was not aware about the employment of the
appellant after the accident.
7. This Court is of the view that the functional disability of the
appellant be taken as 43% and the appellant is entitled to the
compensation on this basis. Taking the functional disability of the
appellant as 43%, the appellant is entitled to a sum of Rs.4,06,732/-
towards loss on account of 43% functional disability. Adding
Rs.97,605/- towards medical expenses, the appellant is entitled to total
compensation of Rs.5,04,337/-
8. The appeal is allowed and the award amount is enhanced from
Rs.2,66,533/- to Rs. Rs.5,04,337/- along with interest @ 12% per
annum from 17th March, 2015 upto realisation.
9. The enhanced award amount be deposited by respondent No.2
with UCO Bank, Delhi High Court Branch by means of a cheque
drawn in the name of UCO Bank A/c Neeraj Kumar within four
weeks.
10. List for disbursement of the enhanced award amount on 05th
May, 2017.
11. The appellant shall remain present in Court on the next date of
hearing along with the passbook of his savings bank account near the
place of his residence as well as PAN Card.
12. Copy of this judgement be given dasti to counsels for the parties
under signatures of the Court Master.
MARCH 21, 2017 J.R. MIDHA, J.
rsk
