Hon'ble MIDHA, J.—The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.45,000/- has been awar-ded to him. The appellant seeks enhancement of the award amount. 2. The accident dated 22nd November, 1996 resulted in compound fracture of both the bones of his left leg. 3. The learned Tribunal awarded Rs.20,000/- towards compensation for pain and suffering, Rs.15,000/- towards loss of wages, Rs.2,000/- towards medicines, Rs.3,000/- towards conveyance and Rs.5,000/- towards special diet. The total compensation awarded is Rs.45,000/-. 4. The learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:- (i) The compensation for pain and suffering be enhanced. (ii) The compensation be awarded for loss of amenities of life. (iii) The compensation be awarded for disfiguration. (iv) The compensation for loss of income be enhanced as the appellant remained without salary for one year. (v) The compensation for medical treatment be enhanced. (vi) The compensation for conveyance and special diet be also enhanced. (vii) The rate of interest be enhanced. 5. The appellant suffered six fractures in his left leg and he remained under treatment and out of job for one year. The compensation of Rs.20,000/- towards pain and suffering is on a very lower side. Considering that the appellant suffered six fractures and remained under treatment for one year, the compensation for pain and suffering is enhanced from Rs.20,000/- to Rs.50,000/-. The learned Tribunal has not awarded any compensation for loss of amenities of life. Rs.20,000/- is awarded for loss of amenities of life. The learned Tribunal has not awarded any compensation for disfiguration. Rs.8,000/- is awarded as compensation for disfiguration. 6. The learned Tribunal has awarded Rs.15,000/- for loss of wages for one year. The learned Tribunal took the minimum wages of Rs.1,677/- into consideration. The learned counsel for the appellant submits that the appellant was drawing a salary of Rs.3,500/- per month. There is no documentary evidence on record to prove that the employer did not pay wages to the appellant for a period of one year. In that view of that matter, no case of enhancement of loss of income is made out. The learned Tribunal has awarded Rs.2,000/- towards medical expenses. The appellant was treated in Government Hospital and the bills proved on record did not exceed Rs.2,000/- and, therefore, no case for enhancement of medical expenses is also made out.
In that view of that matter, no case of enhancement of loss of income is made out. The learned Tribunal has awarded Rs.2,000/- towards medical expenses. The appellant was treated in Government Hospital and the bills proved on record did not exceed Rs.2,000/- and, therefore, no case for enhancement of medical expenses is also made out. The learned Tribunal has awarded Rs.3,000/- towards conveyance which is inappropriate considering that the appellant was under treatment for one year and had to visit the hospitals for which expenditure was incurred on conveyance. Even after the treatment, the appellant had to incur expenditure on conveyance due to the six fractures suffered by him. The compensation towards conveyance is, therefore, enhanced from Rs.3,000/- to Rs.10,000/-. The learned Tribunal has awarded Rs.5,000/- towards special diet which is fair and reasonable in the facts and circumstances of this case. 7. The appellant is entitled to total compensation of Rs.1,10,000/- as per the break-up given hereunder:- (i) Compensation for : Rs. 50,000/- pain and suffering (ii) Compensation for : Rs. 20,000/- loss of amenities of life (iii) Compensation for : Rs. 8,000/- disfiguration. (iv) Compensation for : Rs. 15,000/- loss of wages (v) Compensation for : Rs. 2,000/- medical expenses (vi) Compensation for : Rs. 10,000/- conveyance (vii) Compensation for : Rs. 5,000/- special diet Total : Rs. 1,10,000/- 8. The learned Tribunal has awarded interest @ 6% per annum. Following the judgment of the Hon’ble Supreme Court in the case of Dharampal vs. U.P. State Road Transport Corporation, III 2008 ACC (1) SC, the rate of interest is enhanced from 6% per annum to 7.5% per annum. 9. The appeal is allowed and the award amount is enhanced from Rs.45,000/- to Rs.1,10,000/- along with interest @ 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.3 with UCO Bank, Delhi High Court Branch A/c through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days. 11. Upon the aforesaid amount being deposited, the UCO Bank is directed to keep a sum of Rs.75,000/- in fixed deposit in the following manner:- (i) Fixed deposit for Rs.25,000/- in the name of the appellant for a period of six months.
M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days. 11. Upon the aforesaid amount being deposited, the UCO Bank is directed to keep a sum of Rs.75,000/- in fixed deposit in the following manner:- (i) Fixed deposit for Rs.25,000/- in the name of the appellant for a period of six months. (ii) Fixed deposit for Rs.25,000/- in the name of the appellant for a period of one year. (iii) Fixed deposit for Rs.25,000/- in the name of the appellant for a period of one and a half years. 12. The remaining amount be released to the appellant by transferring the same to his Saving Bank Account. 13. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of the appellant. 14. 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. 15. No cheque book be issued to the appellant without the permission of this Court. 16. The original Fixed Deposit Receipts 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 FDRs. 17. The original fixed deposit receipts shall be handed over to the appellant on the expiry of the period of the FDRs. 18. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court. 19. Half yearly statement of account be filed by the Bank in this Court. 20. 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. 21. 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. 22. Copy of the order be given dasti to counsel for both the parties under the signature of the Court Master. 23. 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.