Delhi High Court
Manoj Kumar vs New India Ass Co Ltd & Ors on 8 May, 2017
$~58 & 59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 08th May, 2017
+ MAC.APP. 441/2015
NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Ms.Raveesha Gupta, Adv. for
Mr.Ravinder Singh, Adv.
versus
MANOJ KUMAR & ORS ..... Respondents
Through: Mr. S.N. Parashar, Adv. for R-1
+ MAC.APP. 660/2016
MANOJ KUMAR ..... Appellant
Through: Mr. S.N. Parashar, Adv.
versus
NEW INDIA ASS CO LTD & ORS ..... Respondents
Through: Ms.Raveesha Gupta, Adv. for
Mr.Ravinder Singh, Adv.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T (ORAL)
1. The parties have challenged the award of the Claims Tribunal
whereby compensation of Rs.17,59,148/- has been awarded to Manoj
Kumar. The appellant in MAC.APP.441/2015 is seeking reduction
whereas the appellant in MAC.APP.660/2016 is seeking enhancement
of the award amount.
2. On 18th April, 2013 at about 6:50 PM, Manoj Kumar was hit by
Maruti Car bearing DL-3C-BS-6867 at Raja Garden Chowk, Ring
Road, Delhi which resulted in grievous injuries. Manoj Kumar
suffered type III open fracture of both bones of left leg 1/4th with
massive comminution, comminuted fracture bimalleolar left ankle
with type III SH physeal injury left distal femur with hypodermic
shock with avulsion of extensor tendon. Manoj Kumar underwent
three surgeries, first surgery on 19th April, 2013 in Maharaja Agrasen
Hospital where he remained admitted from 19th April, 2013 to 25th
April, 2013; second surgery at Safdarjung Hospital on 14th June, 2013
where he remained admitted from 13th June, 2013 to 24th June, 2013;
and third surgery at District Hospital, Basti on 16 th June, 2014 where
he remained admitted from 11th June, 2014 to 4th July, 2014. The left
leg of Manoj Kumar has been amputated below knee level and his
permanent disability has been assessed by the Medical Board as 70%
in respect of his left lower limb.
3. The Claims Tribunal took the loss of earning capacity of Manoj
Kumar as 50% and awarded Rs.12,28,032/- towards loss of earning
capacity by taking 50% of minimum wages of Rs.8,528/- per month,
adding Rs.2,132/- towards future prospects and applying the multiplier
of 16. The Claims Tribunal awarded Rs.2,04,672/- towards loss of
income during treatment. The Claims Tribunal awarded Rs.1,50,000/-
towards pain and suffering, Rs.50,000/- towards conveyance,
attendant charges and special diet. Rs.1,26,444/- has been awarded
towards medical expenses. The total compensation awarded is
Rs.17,59,148/- along with interest @ 8% per annum from the date of
petition i.e. 21st October, 2013.
4. Learned counsel for the appellant in MAC.APP.441/2015 seeks
reduction of the awarded amount on the ground that the future
prospects should not be taken into consideration for computing the
loss of earning capacity. Learned counsel for the appellant submits
that the Claims Tribunal has awarded loss of income for 24 months
whereas there was no proof of loss of income for the period 14 th June,
2013 to 16th June, 2014.
5. Learned counsel for the appellant in MAC.APP.660/2016 seeks
enhancement of the compensation on the ground of the multiplier be
enhanced from 16 to 18 and the loss of earning capacity be taken as
70% instead of 50%. The appellant also seeks compensation under the
heads of loss of amenities of life, disfiguration as well as loss of
matrimonial prospects. The appellant also seeks compensation for
fixing the artificial limb. It is submitted that during the pendency of
this appeal, the artificial limb has been fixed on the appellant by M/s
Endolite India Limited in terms of the order dated 01st December,
2016 for which a sum of Rs.98,500/- has been released to M/s
Endolite India Limited out of the award amount deposited by the
Insurance Company. The appellant further seeks enhancement of rate
of interest from 8% to 9% per annum.
6. The claimant, Manoj Kumar is present in Court along with his
counsel and his condition has been seen. He has suffered amputation
of left leg below knee level and his permanent disability has been
assessed by the Medical Board as 70%. The appellant was working as
a mason and is unable to do work due to the permanent disability. The
functional disability of the appellant is taken as 70%. The Claims
Tribunal has taken minimum wages of Rs.8,528/- per month, added
50% towards future prospects and applied the multiplier of 16 to
compute the loss of earning capacity as Rs.12,28,032/-. The claimant
was aged 20 years at the time of the accident and, therefore, the
appropriate multiplier at the age of 20 is 18. This Court is of the view
that it would be appropriate to take minimum wages of Rs.8,528/- into
consideration to compute the loss of earning capacity.
7. Taking the minimum wages of Rs.8,528/- per month as the
income of the claimant, applying the multiplier of 18 and taking the
functional disability as 70%, the loss of earning capacity is computed
as Rs.12,89,434/. The compensation under the head of loss of earning
capacity is enhanced from Rs.12,28,032/- to Rs.12,89,434/-. The loss
of income during treatment is reduced from Rs.2,04,672/- to
Rs.1,02,336/- as there is no proof of loss of income for the second
year.
8. The Claims Tribunal has not awarded any compensation for
fixing an artificial limb. Vide order dated 30th November, 2016, this
Court directed M/s Endolite India Limited to examine the appellant in
pursuance to which Ms. Samina Khan, Manager/Senior Prosthetist and
Ms. Ekta, Senior Prosthetist/Orthotist appeared before this Court
examined the claimant on 1st December, 2016 and submitted that the
cost of artificial limb as Rs.98,500/- which was required to be replaced
every five years and the cost of the life time replacement was
Rs.3,00,000/-. Vide order dated 1st December, 2016, this Court
directed Registrar General to release Rs.98,500/- to M/s Endolite India
Limited and Rs.3,00,000/- was directed to be kept in a separate FDR
in the name of Registrar General for meeting the cost of the life time
replacement of artificial limb. A sum of Rs.3,98,500/- is awarded to
the claimant towards cost of the artificial limb.
9. The Claims Tribunal has awarded compensation of
Rs.1,50,000/- towards pain and suffering. However, no compensation
has been awarded under the heads of loss of amenities of life,
disfiguration as well as loss of matrimonial prospects. Considering the
70% permanent disability due to amputation of leg, Rs.1,00,000/- is
awarded under the head of loss of amenities of life, Rs.1,00,000/-
towards disfiguration and Rs.1,50,000/- towards loss of matrimonial
prospects. The claimant is entitled to total compensation of
Rs.24,66,712/- as per the breakup given hereunder:-
S.NO. HEADS AMOUNT (Rs.)
1. Loss of Earning Capacity Rs.12,89,434/-
2. Loss of Income During Treatment Rs.1,02,336/-
3. Cost of Artificial Limb Rs.3,98,500/-
4. Medical Expenses Rs.1,26,444/-
5. Pain and Suffering Rs.1,50,000/-
6. Disfiguration Rs.1,00,000/-
7. Loss of Marriage Prospects Rs.1,50,000/-
8. Loss of amenities of life Rs.1,00,000/-
9. Conveyance, Attendant Charges and Rs.50,000/-
Special Diet
TOTAL Rs.24,66,714/-
10. The rate of interest is enhanced from 8% to 9% per annum.
11. Both the appeals are allowed and the compensation amount is
enhanced from Rs. 17,59,148/- to Rs. 24,66,714/- along with interest
@ 9% per annum from the date of petition i.e. 21 st October, 2013 till
realisation.
12. New India Assurance Co. Ltd. is directed to deposit enhanced
awarded amount along with upto date interest with UCO Bank, Delhi
High Court Branch by means of a cheque drawn in the name of UCO
Bank A/c Manoj Kumar within a period of 30 days. New India
Assurance Co. Ltd. shall file the affidavit containing the computation
of the interest on the enhanced award amount upto the date of deposit
within one week of the deposit. The New India Assurance Co. Ltd.
shall send the copy of the affidavit to the claimants.
13. New India Assurance Co. Ltd. has deposited the amount
awarded by the Claims Tribunal with UCO Bank, Delhi High Court
Branch out of Rs.3,00,000/- has been released to the claimant and
Rs.98,500/- has been released to M/s Endolite India Limited for fixing
the artificial limb.
14. As per the report of UCO Bank, Delhi High Court Branch, the
balance amount is lying in 12 FDRs with UCO Bank. The details of
the 12 FDRs are as under:-
S.No. FDR No. FDR AMOUNT (Rs.)
1. 15530310577509 Rs.95,110/
2. 15530310577523 Rs.95,110/
3. 15530310577530 Rs.95,110/
4. 15530310577547 Rs.95,110/
5. 15530310577554 Rs.95,110/
6. 15530310577561 Rs.95,110/
7. 15530310577578 Rs.95,110/
8. 15530310577585 Rs.95,110/
9. 15530310577592 Rs.95,110/
10. 15530310577608 Rs.95,110/
11. 15530310673690 Rs.91,720/
12. Rs.6,56,022/
TOTAL Rs.16,98,842/-
15. UCO Bank, Delhi High Court Branch is directed to re-schedule
the abovementioned 12 FDRs in the following manner:
(i) UCO Bank, Delhi High Court shall keep Rs.13,00,000/- in 130
FDRs of Rs.10,000/- each with cumulative interest in the name of
Manoj Kumar for the period of 1 month to 130 months respectively.
(ii) UCO Bank, Delhi High Court Branch shall keep a sum of
Rs.3,00,000/- in FDR with cumulative interest in the name of
Registrar General of this Court for being utilised for disbursement to
M/s Endolite India Limited at the time of replacement of the artificial
limb in a phased manner. Upon application being filed by the injured,
Manoj Kumar, the Registrar General shall release such amount as
would be required from time to time of the replacement directly to
M/s Endolite India Limited.
(iii) The balance amount, after keeping Rs. 16,00,000/- in FDRs, be
released to Manoj Kumar by transferring the same to his savings bank
account No.0798000102286212 in Punjab National Bank, Kalwari
Branch, District Basti, Uttar Pradesh - 272301. (IFSC :
PUNB0079800).
(iv) The maturity amounts of the FDRs shall be credited in the
savings bank account of the Manoj Kumar No.0798000102286212 in
Punjab National Bank, Kalwari Branch, District Basti, Uttar Pradesh -
272301. (IFSC : PUNB0079800).
(v) All the original FDRs shall be retained by UCO Bank, Delhi
High Court Branch. However, the statement containing FDR number,
FDR amount, date of maturity and the maturity amount be furnished
to Manoj Kumar.
(vi) No cheque book or debit card be issued to the Manoj Kumar
without permission of this Court. However, in case, the debit card
and/or cheque book have already been issued, the Punjab National
Bank, Kalwari Branch, District Basti, Uttar Pradesh shall cancel the
debit card and/or cheque book.
(vii) No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
(viii) Punjab National Bank, Kalwari Branch, District Basti, Uttar
Pradesh shall ensure that the savings bank account of Manoj Kumar is
an individual account and not joint account.
(ix) Respondent No.1 is at liberty to approach this Court for release
of some FDRs in case of any financial exigency.
16. List for reporting compliance and disbursement of enhancement
amount on 19th July, 2017.
17. Copy of this judgment be given dasti to counsels for the parties
under signatures of the Court Master.
18. Copy of this judgment be sent to UCO Bank, Delhi High Court
Branch and to Punjab National Bank, Kalwari Branch, District Basti,
Uttar Pradesh who shall send the compliance report to this Court
before the next date of hearing.
MAY 08, 2017 J.R. MIDHA, J.
dk
