Delhi High Court
Shyam Babu vs Rajender Giri & Ors(Bajaj Allianz ... on 18 January, 2019
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 18th January, 2019
+ MAC.APP. 61/2018
SHYAM BABU ..... Appellant
Through Mr.Amit Kumar Pandey, Advocate
versus
RAJENDER GIRI & ORS(BAJAJ ALLIANZ
GENERAL INSURANCE COMPANY) ..... Respondent
Through Mr.Sumit Kumar Vats, Mr.Ankit
Chaturvedi, Advocates
J U D G E M E N T (ORAL)
CM 1673/2018 (delay)
1. The delay in filing the appeal is condoned. The application is
disposed of.
MAC.APP. 61/2018
2. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.4,37,385/- has been awarded to the appellant.
The appellant seeks enhancement of the award amount.
3. The accident dated 27th November, 2014 resulted in grievous injuries
to the appellant. The appellant suffered fracture of left bicolumnar
acetabular and was operated on 13th December, 2014 for open reduction plus
internal fixation of both anterior and posterior column with recon plate
(zimmer) for which he was admitted in hospital from 27th November, 2014
to 19th December, 2014. The injuries suffered by the appellant resulted in
29% permanent disability in relation to his left lower limb.
4. The Claims Tribunal awarded Rs.60,000/- for medical expenses,
Rs.15,000/- for attendant charges, special diet and conveyance, Rs.27,144/-
for loss of income during treatment, Rs.40,000/- for pain and suffering,
Rs.10,000/- for loss of amenities and enjoyment of life, Rs.10,000/- for
disfiguration, Rs.2,75,241/- for loss of future earning capacity/future
income. The total compensation awarded by the Claims Tribunal is
Rs.4,37,385/-.
5. Learned counsel for the appellant urged at the time of the hearing that
the functional disability of 15% taken by the Claims Tribunal is on the lower
side. It is submitted that the appellant was a vegetable seller but is unable to
continue his occupation as he is unable to pick up any weight. It is
submitted that the functional disability be taken as 29%. It is further
submitted that the non-pecuniary compensation is on a lower side and be
enhanced. The appellant seeks enhancement of the compensation of pain
and suffering from Rs.40,000/- to Rs.1,00,000/-, compensation of loss of
amenities of life from Rs.10,000/- to Rs.1,00,000/- and compensation for
disfiguration from Rs.10,000/- to Rs.50,000/-. The appellant seeks
enhancement of the loss of earning capacity from Rs.2,75,241/- to
Rs.4,09,344/-.
6. The appellant is present in Court and his condition has been seen. The
appellant was a vegetable seller and he submits that he is unable to continue
his occupation due to the permanent disability as he is unable to pick up any
weight. The Claims Tribunal has taken the functional disability of the
appellant as 15% which is on a lower side. Considering the condition of the
appellant, the functional disability of the appellant is enhanced from 15% to
25%. Taking the income of the appellant as Rs.9,048/- per month, adding
30% towards future prospects, applying the multiplier of 13 according to the
age of the appellant and taking the functional disability as 25%, the loss of
earning capacity is computed as Rs. 4,58,733.6. The compensation awarded
by the Claims Tribunal under the heads of pain and suffering, loss of
amenities of life and disfiguration, are on lower side. The compensation for
pain and suffering is enhanced from Rs.40,000/- to Rs.60,000/-,
compensation for loss of amenities and enjoyment of life is enhanced from
Rs.10,000/- to Rs.50,000/- and compensation for disfiguration is enhanced
from Rs.10,000/- to Rs.40,000/-. The compensation awarded under the other
heads is fair and reasonable. The appellant is entitled to total compensation
of Rs.7,10,877.6, rounded off to Rs.7,11,000/-.
7. The appeal is allowed and the compensation amount is enhanced from
Rs.4,37,385/- to Rs.7,11,000/- along with interest @ 9% per annum from the
date of the institution of the claim petition i.e. 26th March, 2015.
8. Respondent No.3 is directed to deposit the enhanced award amount
with the Registrar General of this Court within six weeks.
9. The appellant shall remain present in Court on the next date of hearing
along with original passbook of his savings bank accounts near the place of
his residence as well as PAN card and Aadhaar card. 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
and/or debit card shall be issued to appellant without the permission of this
Court. The concerned bank of the appellant shall permit the appellant to
withdraw money from his 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 of the appellant. The appellant shall produce the original passbook
of his savings bank account with the necessary endorsement on the next date
of hearing.
10. List for disbursement of the compensation amount on 29 th March,
2019.
11. 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
