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Rajasthan High Court · body

2010 DIGILAW 224 (RAJ)

Balwant Singh v. Sohan Singh

2010-01-28

J.R.MIDHA

body2010
Hon'ble MIDHA, J.—The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.45,727/- has been awar-ded to him. The appellant seeks enhancement of the award amount. 2. The accident dated 7th May, 2003 resulted in grievous injuries to the appellant. The appellant was driving his TSR No.DL-1RD-7971 while going from Safdarjung Hospital to Nizamuddin along with passengers when he was hit by a Honda City car bearing No.DL-6CG-8432. The appellant suffered fracture of shaft femur left side (middle 1/3rd) and was admitted at Khetrapal Hospital, Bali Nagar from 10th May, 2003 to 16th May, 2003 where an operation was performed on 15th May, 2003 and a rod was inserted in the left shaft. The disability of the appellant has been assessed to be 80% in respect of left lower limb. As per disability certificate, it is a case of “Non union femur(L) c implant in setu.” 3. The learned Tribunal has awarded a sum of Rs.25,000/- towards pain and suffering, Rs.10,000/- towards special diet, Rs.7,000/- towards conveyance, Rs.3,727/- towards treatment. The total compensation awarded is Rs.45,727/-. 4. The learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:- (i) Compensation for loss of income due to permanent disability be awarded. (ii) Compensation for pain and suffering be enhanced. (iii) Compensation for loss of amenities of life and disfiguration be awarded. (iv) Compensation for conveyance and special diet be enhanced. 5. The appellant was aged 33 years at the time of the accident and was doing the job of auto driver earning Rs.5,000/- per month. However, in the absence of any documentary proof, the minimum wages of Rs.3,207.90 per month are taken into consideration. It is well settled by catena of judgments of this Court in the cases of Kanwar Devi vs. Bansal Roadways, 2008 ACJ 2182, National Insurance Company Limited vs. Renu Devi III (2008) ACC 134 and UPSRTC vs. Munni Devi, MAC.APP.No.310/2007 decided on 28.07.2008 that the Court should take judicial notice of increase in minimum wages to meet the increase in price index and inflation rate. The Court has taken the view that the minimum wages get doubled over the period of 10 years and increase in minimum wages is not akin to future prospects. Following the aforesaid judgments, the income of the appellant is taken to be Rs.4,811.85 per month [(Rs.3,207.90 + Rs.6,415.80)/2]. The Court has taken the view that the minimum wages get doubled over the period of 10 years and increase in minimum wages is not akin to future prospects. Following the aforesaid judgments, the income of the appellant is taken to be Rs.4,811.85 per month [(Rs.3,207.90 + Rs.6,415.80)/2]. The appellant has suffered 80% disability in respect of left lower limb. However, the functional disability and loss of earning capacity is taken to be 30%. Taking the income of the deceased to be Rs.4,811.85 per month, applying the multiplier of 16 and taking 30% thereof, the loss of income is computed to be Rs.2,77,162/- (Rs.4,811.85 x 12 x 16) x 30%]. 6. The learned Tribunal has awarded Rs.25,000/- towards com-pensation for pain and suffering which is on a lower side. The learned counsel refers to and relies upon the judgment of the Hon'ble Supreme Court in the case of Oriental Insurance Co. Ltd. vs. Vijay Kumar Mittal (2008) ACJ 1300, where this Court examined all the previous judgments with respect to the non-pecuniary compensation awarded in the cases 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 hereinunder:- “17. From the aforenoted 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.” 7. Following the aforesaid judgment, the compensation for pain and suffering is enhanced from Rs.25,000/- to Rs.75,000/-. Rs.75,000/- is awarded towards loss of amenities of life and Rs.50,000/- is awarded towards disfiguration. 8. The learned Tribunal has awarded Rs.7,000/- towards conveyance which is on a lower side considering that the appellant has suffered 80% disability in respect of left lower limb and cannot use the public transport and, therefore, would be incurring the expenditure on conveyance. The compensation towards conveyance is, therefore, enhanced from Rs.7,000/- to Rs.20,000/-. 9. The appellant is entitled to total compensation of Rs.5,10,889/- (Rs.2,77,162 + Rs.75,000 + Rs.75,000 + Rs.50,000 + Rs.20,000 + Rs.10,000 + Rs.3,727). 10. The appeal is allowed and the award amount is enhanced from Rs.45,727/- to Rs.5,10,889/-. The compensation towards conveyance is, therefore, enhanced from Rs.7,000/- to Rs.20,000/-. 9. The appellant is entitled to total compensation of Rs.5,10,889/- (Rs.2,77,162 + Rs.75,000 + Rs.75,000 + Rs.50,000 + Rs.20,000 + Rs.10,000 + Rs.3,727). 10. The appeal is allowed and the award amount is enhanced from Rs.45,727/- to Rs.5,10,889/-. The learned Tribunal has awarded interest @ 9% per annum which is not disturbed on the original award amount of Rs.45,727/-. 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. 11. Respondent No.3 is directed to deposit the enhanced award amount along with up to date interest with UCO Bank A/c Balwant Singh, Delhi High Court Branch through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days. 12. Upon the aforesaid deposit being made, the UCO Bank is directed to release 10% of the same to the appellant by transferring the same to his Saving Bank Account. 13. The remaining amount be kept in fixed deposit in the name of the appellant in the following manner:- (i) Fixed deposit of 10% of the amount for a period of six months. (ii) Fixed deposit of 10% of the amount for a period of one year. (iii) Fixed deposit of 10% of the amount for a period of one and a half years. (iv) Fixed deposit of 10% of the amount for a period of two years. (v) Fixed deposit of 10% of the amount for a period of two and a half years. (vi) Fixed deposit of 10% of the amount for a period of three years. (vii) Fixed deposit of 10% of the amount for a period of three and a half years. (viii) Fixed deposit of 10% of the amount for a period of four years. (ix) Fixed deposit of 10% of the amount for a period of four and a half years. 14. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of the appellant. 15. 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. 16. No cheque book be issued to the appellant without the permission of this Court. 17. 15. 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. 16. No cheque book be issued to the appellant without the permission of this Court. 17. 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. 18. The original Fixed Deposit Receipts shall be handed over to the appellant on the expiry of the period of the FDRs. 19. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court. 20. Half yearly statement of account be filed by the Bank in this Court. 21. 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. 22. 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. 23. List for reporting compliance on 8th April, 2010. 24. Copy of the order be given dasti to counsel for both the parties under the signatures of the Court Master. 25. 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.