Kunwar Pal Singh Jaat v. Delhi State Road Transport Corporation
2005-09-22
P.K.JAISWAL, S.S.JHA
body2005
DigiLaw.ai
JUDGMENT This appeal is filed by claimants for enhancement of compensation. Other findings recorded by the Claims Tribunal are not under challenge. No cross-objections is filed by the respondents. Respondent No. 1 Delhi State Road Transport Corporation is served. Memo has been filed on behalf of his counsel. But, on going through record we find that right from 6.4.2005 no one is appearing for respondent No. 1 to 4. Therefore, the appeal is heard finally. Counsel for appellant submitted that the appellant was an employee of the Delhi State Road Transport Corporation and was holding the post of conductor in the said bus. Accident occurred during the course of and arising out of employment as a conductor in bus bearing No. DL-IT/9449 from Gwalior to Delhi. At about 8:00 in the morning at A.B. Road bus was overtaking the tanker then at the time of overtaking the bus collided with the back portion of the tanker which caused injuries to the appellant and later appellant was admitted in hospital and was treated. Appellant suffered parmanent disability. On account of permanent disability he was removed from service. However, by the order of the Court he was reinstated and was posted in a Class IV post instead of Class III post. At the time of accident appellant was getting salary Rs. 4,590/-, around Rs. 5,000/per month and from July, 1996 his salary was fixed at Rs. 5,500/- per month. He is now posted on the Class IV post and is being paid salary of Rs. 2,457/-. Thus, there is loss of around Rs. 3,000/- per month. The claimant has deposed before the Claims Tribunal that due to revision of pay scale now difference of loss income is around Rs. 2,000/per month. At the time of accident appellant was around 32 years. Appellant is examined as AW 2 before the Claims Tribunal. He has admitted that he was getting Rs. 4,000/- per month. He has also submitted the medical bills for Rs. 2,85,000/- with the respondent No.1 Delhi Road Transport Corporation for reimbursement. He submitted that the original bills were submitted by him with respondent No.1. Out of the said bills for Rs. 2,85,000/- only Rs. 1,33,643/- has been reimbursed to the appellant. Bills of the medicines purchased from the private medical stores has not been paid.
2,85,000/- with the respondent No.1 Delhi Road Transport Corporation for reimbursement. He submitted that the original bills were submitted by him with respondent No.1. Out of the said bills for Rs. 2,85,000/- only Rs. 1,33,643/- has been reimbursed to the appellant. Bills of the medicines purchased from the private medical stores has not been paid. Now after the revision of pay scales on account of his appointment on lower post he is suffering a loss of around Rs. 2,000/- per month and 18 years of service is left. On the question of loss of income there is no cross-examination by the respondent No.1. This witness admitted that towards medical bills only 1,33,643/- has been paid to him, though he has actually incurred Rs. 2,85,000/-. Therefore, he has claimed balance of the medical amount and claimed the loss of income. Claimant has deposed that loss of income was around 24,000/- per year. Claimant was about 32 years of age at the time of accident. On applying multiplier of 17 to this figure (24,000 x 17) compensation is determined at Rs. 4,08,000/-. However, appellant will also be entitled for balance amount of Rs. 1,51,347/- towards the medical bills of Rs. 2,85,000/- produced before the Claims Tribunal. Out of which Rs. 1.33,643/- has been paid to the claimant. Total Compensation is therefore determined at Rs. 5,59,347/-. Award of Claims Tribunal is enhanced to Rs. 5,59,347/- (Rupees Five Lacs Fifty Nine Thousand and Three Hundred Forty Seven). Appellant win also be entitled for interest at the rate of six percent per annum on the enhanced amount of compensation from the date of filing of the appeal. Enhanced amount of compensation will be payable by respondents No. 1 to 3 only. Amount already deposited by the respondent No.1 shall be adjusted from the amount of compensation. Appeal succeeds and is allowed without any order as to costs.