Delhi High Court
United India Insurance Co Ltd vs Chotey Lal & Anr on 6 July, 2018
$~1 & 2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06th July, 2018
+ FAO 409/2015 & CM No.4877/2018
1 UNITED INDIA INSURANCE CO LTD ..... Appellant
Through: Mr. Pankaj Seth, Adv.
versus
CHOTEY LAL & ANR ..... Respondents
Through: Mr. C. Siddharth, Adv. for R1
Mr. Anil Garg and Mr. Mukesh
Sachdeva, Advs. for R2.
+ FAO 83/2018
2 CHHOTEY LAL ..... Appellant
Through: Mr. C. Siddharth, Adv.
versus
UNITED INDIA INSURANCE
CO LTD AND ANR ..... Respondents
Through: Mr. Pankaj Seth, Adv.
Mr. Anil Garg and Mr. Mukesh
Sachdeva, Advs. for R2.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The Commissioner, Employees' Compensation has awarded
compensation of Rs.10,55,760/- which is under challenge in these appeals.
2. On 31st May, 2014, the claimant, Chotey Lal was working for the
installation of the lift at the construction site when the lift fell on his body
and he suffered grievous injuries and was taken to Indian Spinal Injuries
Centre, Vasant Kunj. The employer intimated the accident to the
Commissioner, Employees' Compensation. The injuries suffered by the
claimant resulted in 100% disability relating to both the lower limbs. The
case summary of the claimant prepared by Indian Spinal Injuries Centre is
reproduced hereunder:-
"Mr. CHOTTE LAL aged 20 Yrs/male was admitted in this
hospital on 31/5/2014 and readmitted on 12/06/2014 Vide IPD
no. 14/24825 with c/o pain in the back and pain in left side of
chest since 30/5/2014. He was evaluated by the team of spine
surgeons and was diagnosed as case of Fracture dislocation
D11-D12 with paraplegia with bladder and bowel involvement
with AIS-A with chest injury left side (left 9 th rib fracture with
lung contusion). General surgeons reference given for abdomen
and chest injury and was advised for NCCT chest and NCCT
abdomen. NCCT chest was done which showed segmental
collapse left side with mild effusion. NCCT abdomen was done
which shows no significant abnormality and hence managed
conservatively. Patient's enzymes were raised, abdominal
decompression with nasogastric tube done and managed
conservatively. Patient was given inj. Solumedrol according to
NASCIS protocol. Physician reference was given for high blood
sugars and managed accordingly. Patient was advised for
surgery. After PAC clearance, informed written consent and
physician clearance he was taken upto OT on 2/6/2014 wherein
pedicular screw fixation with bone grafting (D10-L1) was done,
pedicle screw put in D10 (6.5x45), D12 (6.5x50), L1 (6.5x50),
reduction screws put in D11 bilateral (5.5x40) (Implant - GSM
8 screws crosslink). He was shifted to ICU post operatively. On
3/6/2014 bronchoscopy was done for left lung collapse. Drain
removal was done on second post operative day. He was shifted
to HDU. He was mobilized with APTLSO brace. Bowel training
was started Physician reference was given who advised to send
blood profile for hepatitis. He was shifted back to the ward.
Bladder training was started. He was started on CIC fourth
hourly. He was readmitted on free bed on 12/6/2014. Extensive
physiotherapy and rehabilitation was started. Psychologist
reference was given. Urology reference was given and advised
to continue CIC fourth hourly. HBsAg report showed positive
and anti IBc showed positive, HBcAg showed negative report
and IgM anti HBc showed negative report which is likely
carrier of hepatitis B. Physician advised to Gastroenterology
consultation for the same. Gastroenterologist reference was
given for ? malena and chronic hepatitis B and advised for HBV
DNA (Quantitative) and advised for antiviral treatment and
UGI endoscopy. HBV DNA was 861 unit / ml. Physician advised
to repeat LFT / Sr. HBV - DNA level (quantitative) after 6
months.
6 weeks prophylaxis treatment of DVT was completed.
Vocational counselling was done. Wheelchair assessment skills
were taught to the patient. Home modification explained to the
patient.
Presently he is undergoing comprehensive rehabilitation
programme in this hospital and he is not able to walk."
3. The Commissioner, Employees' Compensation held that the claimant
suffered injuries during the course of the employment. The Commissioner,
Employees' Compensation awarded Rs.10,55,760/- to the claimant. The
Commissioner, Employees' Compensation also awarded medical expenses
of Rs.5,01,954/- incurred by the employer and directed the Insurance
Company to reimburse the medical expenses to the employer.
4. Learned counsel for appellant in FAO 409/2015 urged at the time of
hearing that the medical expenditure of Rs.5,01,954/- is on a higher side. It
is submitted that as per its investigation report, medical expenses of
Rs.4,02,155/- has been incurred by the claimant.
5. Learned counsel for appellant in FAO 83/2018 submits that the
appellant has incurred further expenditure of Rs.3,14,123/- over and above
the medical expenses awarded by the Commissioner, Employees'
Compensation. It is further submitted that the treatment is still continuing
and further expenditure is being incurred.
6. This Court is of the view that the claimant, Chotey Lal suffered an
accident during the course of his employment and there is no infirmity in the
compensation of Rs.10,55,760/- along with interest thereon @ 12% per
annum awarded by the Claims Tribunal. The medical expenses of
Rs.5,01,954/- incurred by respondent No.2 in FAO 409/2015 on the
treatment of the claimant and direction to the Insurance Company to
reimburse is up held.
7. This Court is of the view that the claimant, Chotey Lal is entitled to
further medical expenses incurred by him. The treatment of Chotey Lal is
still continuing on which Rs.3,14,000/- has already been incurred. Since the
treatment is continuing, it would be appropriate to remand this matter back
to the Commissioner, Employees' Compensation to determine and award up
to date medical expenses to the claimant.
8. In the facts and circumstances of this case, the award of the
Commissioner, Employees' Compensation is up held. However, the issue of
medical expenses incurred by the claimant on the treatment after the passing
of the award, is remanded back to the Commissioner, Employees'
Compensation. The claimant is permitted to produce the medical expenses
incurred on his treatment before the Commissioner, Employees'
Compensation whereupon the Commissioner, Employees' Compensation
shall award up to date medical expenses to the claimant.
9. Learned counsel for respondent No.2 in FAO 409/2015 submits that
employer is entitled to the reimbursement of medical expenses of
Rs.5,01,954/- from the Insurance Company.
10. Since the entire amount deposited by the Insurance Company has been
disbursed to the claimant, the Commissioner, Employees' Compensation
shall pass a final order with respect to the adjustment of the amount released
to the claimant.
11. Both the appeals are disposed of in the above terms.
12. The parties shall appear before the Commissioner, Employees'
Compensation on 16th August, 2018.
13. The record of the Commissioner, Employees' Compensation be
returned back forthwith.
14. Copy of this judgment be given dasti to counsels for the parties under
signature of Court Master.
JULY 06, 2018 J.R.MIDHA, J.
ak
