Delhi High Court
Sirajuddin vs Om Prakash & Ors(United India Ins ... on 18 January, 2019
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 18th January, 2019
+ MAC.APP. 387/2018
SIRAJUDDIN ..... Appellant
Through Mr.Varun Sarin, Mr.Aakash Kundra,
Advocates.
versus
OM PRAKASH & ORS(UNITED INDIA
INS CO LTD) ..... Respondent
Through Mr.Sankar N. Sinha, Advocate
J U D G E M E N T (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.6,03,523/- has been awarded to the appellant.
The appellant is seeking enhancement of the award amount.
2. The accident dated 30th March, 2017 resulted in the amputation of left
limb above the knee of the appellant. The appellant remained hospitalized
from 30th March, 2017 to 17th April, 2017. The amputation of left lower
limb resulted in 85% permanent disability to the appellant relating to his left
lower limb.
3. The Claims Tribunal awarded Rs.2,15,000/- towards the medical
expenses, Rs.15,000/- towards conveyance, special diet and attendant
charges, Rs.57,408/- towards loss of income during treatment, Rs.40,000/-
towards pain and suffering, Rs.25,000/- towards loss of amenities and
enjoyment of life, Rs.10,000/- towards disfiguration, Rs.2,41,115/- towards
loss of future earning capacity/future income. The total compensation
awarded is Rs.6,03,523/-.
4. Learned counsel for the appellant urged at the time of the hearing that
the Claims Tribunal has not awarded any compensation towards the artificial
limb. It is further submitted that the Claims Tribunal has taken the
functional disability as 42% whereas the loss of earning capacity of the
appellant is 100%. Learned counsel for the appellant urged at the time of the
hearing that the Claims Tribunal has awarded grossly inadequate
compensation towards pain and suffering, loss of amenities of life and
disfiguration. Reliance is placed on Master Mallikarjun v. Divisional
Manager, The National Insurance Company Ltd., 2013 ACJ 2445. It is
further submitted that the compensation awarded under other heads is on
lower side and warrants enhancement.
5. Learned counsel for the respondent submits that the Claims Tribunal
has rightly assessed the functional disability of the appellant as 42% which
does not warrant any enhancement. It is further submitted that the
compensation awarded under the other heads is also fair and reasonable.
6. Vide order dated 30th May, 2018, this Court directed the Committee
appointed by this Court in MAC.APP.1134/2017 to examine the appellant
and advise about the artificial limb to be fixed, including the name of the
supplier as well as the cost of the artificial limb.
7. Mr. Pankaj Gupta, learned amicus curiae in MAC.APP.1134/2017 has
handed over the report of the Committee which is taken on record. As per
the report of the Committee, the appellant has been recommended for
artificial limb costing Rs.2,92,772/- from Ideal Artificial Limb Solution.
The aforesaid artificial limb has a life of five years and would require
repair/maintenance thereafter, which would further incur the cost of approx.
Rs.30,000/-. The appellant is awarded Rs.3,22,772/- (Rs.2,92,772 +
Rs.30,000) towards cost of artificial limb.
8. The Claims Tribunal has awarded Rs.40,000/- towards pain and
suffering, Rs.25,000/- towards loss of amenities of life and Rs.10,000/-
towards disfiguration which are on lower side. The compensation towards
pain and suffering is enhanced from Rs.40,000/- to Rs.1,00,000/-,
compensation for loss of amenities of life is enhanced from Rs.25,000/- to
Rs.1,00,000/-, compensation for disfiguration is enhanced from Rs.10,000/-
to Rs.50,000/- and Rs.1,00,000/- is awarded towards inconvenience,
hardships, disappointment, frustration, mental stress, dejection and
unhappiness in future life, etc..
9. The Claims Tribunal has taken the functional disability of the
appellant as 42%. The appellant is present in Court on a wheelchair and he
submits that he was working as a salesman in spectacles shop at the time of
the accident but is unable to do any work after the accident. The present
functional disability is almost 100%. However, the functional disability after
installation of the artificial limb is taken as 65%. The Claims Tribunal has
taken minimum wages of Rs.9,568/- whereas the minimum wages of an
unskilled worker at the time of the accident were Rs.13,350/-. Taking the
minimum wages of Rs.13,350/-, applying the multiplier of 5 according to the
age of the appellant and taking the functional disability as 65%, the loss of
earning capacity is computed as Rs.5,20,650/-/-. The compensation towards
loss of income during treatment is enhanced from Rs.57,408/- to Rs.80,100/-
as the minimum wages of an unskilled worker at the time of accident was
Rs.13,350/- .
10. The total compensation of Rs.15,38,552/- is awarded to the appellant
as per the breakup given hereunder:-
S.No. Heads Claims Tribunal High Court
1. Medical expenses Rs.2,15,000/- Rs.2,15,000/-
2. Conveyance, special diet and attendant Rs.15,000/- Rs.50,000/-
charges
3. Loss of income during treatment Rs.57,408/- Rs.80,100/-
4. Pain and suffering Rs.40,000/- Rs.1,00,000/-
5. Loss of amenities and enjoyment of life Rs.25,000/- Rs.1,00,000/-
6. Disfiguration Rs.10,000/- Rs.50,000/-
7. Inconvenience, hardships, disappointment, Nil Rs.1,00,000/-
frustration, mental stress, dejection and
unhappiness in future life, etc.
8. Loss of future earning capacity/future Rs.2,41,115/- Rs.5,20,650/-
income
9. Cost of artificial limb Nil Rs.3,22,772/-
Total Rs.6,03,523/- Rs.15,38,552/-
11. The appeal is allowed and the compensation award is enhanced from
Rs.6,03,523/- to Rs.15,38,552/-. The appellant is not entitled to the interest
on Rs.3,22,722/- awarded towards cost of artificial limb. Interest @ 9% per
annum is therefore, awarded on the amount of Rs.12,15,780/- (
Rs.15,38,552/- - Rs.3,22,772/-) from the date of institution of the claim
petition i.e. 02nd June, 2017.
12. Learned counsel for the appellant has handed over two photographs of
the appellant. The same are attached to this order as Annexure 'A'.
13. Respondent No.3 is directed to deposit the enhanced award amount
along with up to date interest with the Registrar General of this Court within
six weeks.
14. List for disbursement of the compensation amount on 29 th March,
2019.
15. The appellant shall open a joint account along with his wife near the
place of his residence and shall produce the passbook of the savings bank
account as well as PAN card and Aadhaar card of the appellant and his wife
on the next date of hearing. The wife of the appellant shall remain present in
Court on the next date of hearing. The concerned bank is directed not to
issue any cheque book and/or debit card to the appellant and if the same has
already been issued, the concerned bank is directed to cancel the same and
make an endorsement on the passbook that no cheque book or debit card
shall be issued to appellant without the permission of this Court. The
concerned bank of the appellant shall permit the appellant or his wife to
withdraw money from their savings bank account by means of a withdrawal
form. The appellant shall produce the copy of this order before the
concerned bank whereupon the bank shall make an endorsement on the
passbook. The appellant shall produce the original passbook of the savings
bank account with the necessary endorsement on the next date of hearing.
16. The photographs of the appellant attached to this judgment as
Annexure 'A' shall not be uploaded on the website of this Court.
17. Copy of this judgment be given dasti to counsel for the parties under
the signature of the Court Master.
J.R. MIDHA, J.
JANUARY 18, 2019/dk
