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2009 DIGILAW 1388 (DEL)

Murari Lal v. Birju Singh

2009-12-11

J.R.MIDHA

body2009
JUDGMENT : J.R. MIDHA, J. 1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 1,00,000/- has been awarded to the appellant. The appellant seeks enhancement of the award amount. 2. The accident dated 22nd May, 1986 resulted in grievous injuries to the appellant. The appellant suffered amputation of left arm. The disability of the appellant has been assessed to be 60%. The learned Tribunal has awarded Rs. 70,000/- towards permanent disability, Rs. 20,000/- for pain, sufferings and loss of amenities and Rs. 10,000/- towards medicines. The total compensation awarded is Rs. 1,00,000/-. 3. The learned Counsel for the appellant has urged the following grounds at the time of hearing of this appeal:- (i) The compensation of Rs. 70,000/- towards loss of income be enhanced. (ii) Compensation for pain and suffering and loss of amenities of life be enhanced. (iii) The compensation be awarded for disfiguration. 4. The appellant is working with Municipal Corporation of Delhi and no proof has been placed on record to the effect that he was not promoted due to the disability. 5. In that view of the matter, Rs. 70,000/- awarded by the learned Tribunal towards disability for loss of income suffered by the appellant is just, fair and reasonable and does not call for any interference. 6. The learned Tribunal has awarded Rs. 20,000/- for pain suffering and loss of amenities of life. However, no compensation has been awarded for disfiguration. 7. In the case of Oriental Insurance Co. Ltd. Vs. Vijay Kumar Mittal and Others, (2008) ACJ 1300, this Court examined all the previous judgments with respect to the non-pecuniary compensation awarded in the case of permanent disability and held that the Courts have been awarding about Rs. 3,00,000/- under the heads of non-pecuniary damages for amputation of leg with permanent disability of 50% and above. The findings of this Court are reproduced herein under - 17. From the afore-noted judicial decisions, a trend which emerges is that between the years 1985 and 1990, the courts have been awarding about Rs. 3,00,000/- under the head non- pecuniary damages. for amputation of leg resulting in permanent disability of 50 per cent and above. 8. Following the aforesaid judgment, compensation of Rs. 20,000/- awarded by the learned Tribunal towards pain suffering and loss of amenities of life is enhanced to Rs. 3,00,000/- under the head non- pecuniary damages. for amputation of leg resulting in permanent disability of 50 per cent and above. 8. Following the aforesaid judgment, compensation of Rs. 20,000/- awarded by the learned Tribunal towards pain suffering and loss of amenities of life is enhanced to Rs. 2,50,000/- which shall include the following heads: (i) Compensation for pain - Rs. 1,00,000/- and suffering (ii) Compensation for loss - Rs. 1,00,000/- of amenities of life (iii) Compensation for - Rs. 50,000/- disfiguration 9. The appeal is allowed and the award amount is enhanced from Rs. 1,00,000/- to Rs. 3,30,000/- (Rs. 2,50,000 + Rs. 70,000 + Rs. 10,000). The learned Tribunal has awarded interest @ 12% per annum which is not disturbed on the original award amount of Rs. 1,00,000/-. However, on the enhanced award amount, the rate of interest shall be @ 7.5% per annum from the date of filing of the petition till realization. 10. The enhanced award amount along with interest be deposited by respondent No. 2 with UCO Bank, Delhi High Court Branch A/c Murari Lal within 30 days. 11. Upon the aforesaid deposit being made, the UCO Bank is directed to release 40% of the same to the appellant and the remaining award amount be kept in fixed deposit for a period of five years on which the monthly interest be paid to the appellant. 12. The interest on the aforesaid fixed deposit shall be paid monthly by automatic credit of interest in the Savings Account of the appellant. 13. Withdrawal from the aforesaid account shall be permitted to the appellant after due verification and the Bank shall issue photo Identity Card to the appellant to facilitate identity. 14. No cheque book be issued to the appellant without the permission of this Court. 15. The original Fixed Deposit Receipt shall be retained by the Bank in the safe custody. However, the original Pass Book shall be given to the appellant along with the photocopy of the FDR. 16. The original fixed deposit receipt shall be handed over to the appellant at the end of the fixed deposit period. 17. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipt without the permission of this Court. 18. Half yearly statement of account be filed by the Bank in this Court. 18. 16. The original fixed deposit receipt shall be handed over to the appellant at the end of the fixed deposit period. 17. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipt without the permission of this Court. 18. Half yearly statement of account be filed by the Bank in this Court. 18. On the request of the appellant, the Bank shall transfer the Savings Account to any other branch of UCO Bank according to the convenience of the appellant. 19. The appellant shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi. 20. Copy of the order be given dasti to counsel for both the parties under the signatures of the Court Master. 21. Copy of this order be also sent to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) through the UCO Bank, High Court Branch under the signature of Court Master.