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2010 DIGILAW 229 (RAJ)

D. T. C. v. Suraj Bhan

2010-01-29

J.R.MIDHA

body2010
Hon'ble MIDHA, J.—The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.8,79,513/- has been awarded to claimant/respondent No.1. The appellant seeks reduction of the award amount. 2. Claimant/respondent No.1 has filed the cross-objections seeking enhancement of the award amount. 3. The accident dated 4th April, 2003 resulted in amputation of right leg of respondent No.1. The disability of the appellant was assessed to be 90% as per disability certificate – Ex.PW1/7. 4. Claimant/respondent No.1 was 55 years at the time of the accident and was working as a driver with DTC drawing a salary of Rs.10,735/- per month. The learned Tribunal took the loss of income of respondent No.1 to be five years salary and Rs.6,44,100/- was awarded as salary for five years. Rs.50,413/- has been awarded towards medical expenses, Rs.10,000/- towards special diet and conveyance and Rs.1,00,000/- towards non-pecuniary compensation. The total compensation awarded is Rs.8,79,513/-. 5. The only ground urged by learned counsel for the appellant at the time of hearing of this appeal is that respondent No.1 was aged 55 years at the time of the accident and was due to retire after one and a half months and, therefore, the loss of income should have been awarded only for a period of one and a half months instead of five years. The counsel respondent No.1, in reply, submits that the loss of income awarded by the learned Tribunal needs enhancement on the ground that the loss of income has to be calculated according to the multiplier method laid down by the Hon'ble Supreme Court in the case of Sarla Verma vs. Delhi Transport Corporation, 2009(6) Scale 129 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC). 6. Claimant/respondent No.1 was aged 55 years at the time of the accident and the appropriate multiplier at the age of 55 years is 11. Taking the salary of claimant/respondent No.1 to be Rs.10,735/- and applying the multiplier of 11, the loss of income is computed to be Rs.14,17,020/- (Rs.10,735 x 12 x 11). As per the disability certificate – Ex.PW1/7, the disability of respondent No.1 has been assessed to be 90%. However, the loss of earning capacity is taken to be 50% and, therefore, respondent No.1 is entitled to loss of income of Rs.7,08,510/- (Rs.14,17,020 x 50%). 7. As per the disability certificate – Ex.PW1/7, the disability of respondent No.1 has been assessed to be 90%. However, the loss of earning capacity is taken to be 50% and, therefore, respondent No.1 is entitled to loss of income of Rs.7,08,510/- (Rs.14,17,020 x 50%). 7. The learned counsel for respondent No.1 submits that the non-pecuniary compensation awarded by the learned Tribunal be enhanced. 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.” 8. Following the aforesaid judgment, the non-pecuniary compensation is enhanced from Rs.1,00,000/- to Rs.3,00,000/- under the following heads:- (i) Compensation for pain and suffering : Rs. 1,00,000/- (ii) Compensation for loss of amenities of life : Rs. 1,00,000/- (iii) Compensation for disability and disfigurement : Rs. 1,00,000/- Total : Rs. 3,00,000/- 9. The learned counsel for the appellant submits that Rs.1,00,000/- received by the appellant from United India Insurance Company Limited under the 'Group Personal Accident Policy' be adjusted. The original Group Personal Accident Policy has been produced by the learned counsel for the appellant and the same is taken on record. 10. Following the judgment of the Hon'ble Supreme Court in the case of United India Insurance Co. Ltd. vs. Patricia Jeans Mahajan (2002) 6 SCC 281 = RLW 2002(4) SC 526, the appellant is entitled to adjustment of Rs.1,00,000/- made by the appellant to respondent No.1. 11. Respondent No.1 is entitled to total compensation of Rs.9,68,923/- (Rs.7,08,510/- towards loss of income + Rs.3,00,000/- towards non-pecuniary compensation + Rs.50,413/- towards medical expenses + Rs.10,000 towards special diet and conveyance – Rs.1,00,000/-). 12. For the aforesaid reasons, the appeal is dismissed and the cross-objections are allowed. 11. Respondent No.1 is entitled to total compensation of Rs.9,68,923/- (Rs.7,08,510/- towards loss of income + Rs.3,00,000/- towards non-pecuniary compensation + Rs.50,413/- towards medical expenses + Rs.10,000 towards special diet and conveyance – Rs.1,00,000/-). 12. For the aforesaid reasons, the appeal is dismissed and the cross-objections are allowed. The award amount is enhanced from Rs.8,79,513/- to Rs.9,68,923/- along with interest @7.5% per annum from the date of filing of the petition till realization. 13. The enhanced award amount be deposited by the appellant with UCO Bank, Delhi High Court Branch A/c Suraj Bhan through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days. 14. The learned counsel for the appellant submits that the amount awarded by the learned Tribunal has been deposited with UCO Bank on 12th December, 2009. The amount deposited is Rs.12,32,234/-. 15. The UCO Bank is directed to keep a sum of Rs.11,00,000/- in fixed deposit in the following manner:- (i) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of six months. (ii) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of one year. (iii) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of one and a half years. (iv) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of two years. (v) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of two and a half years. (vi) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of three years. (vii) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of three and a half years. (viii) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of four years. (ix) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of four and a half years. (x) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of five years. (xi) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of five and a half years. (xii) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of six years. (x) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of five years. (xi) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of five and a half years. (xii) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of six years. (xiii) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of six and a half years. (xiv) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of seven years. (xv) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of seven and a half years. (xvi) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of eight years. (xvii) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of eight and a half years. (xviii) Fixed deposit for Rs.50,000/- in the name of respondent No.1 for a period of nine years. (xix) Fixed deposit for Rs.1,00,000/- in the name of respondent No.1 for a period of nine and a half years. (xx) Fixed deposit for Rs.1,00,000/- in the name of respondent No.1 for a period of ten years. 16. The remaining amount be released to respondent No.1 by transferring the same to his Saving Bank Account. 17. The interest on all the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of respondent No.1. 18. No cheque book be issued to respondent No.1 without the permission of this Court. 19. The original Fixed Deposit Receipts shall be retained by the Bank in the safe custody. However, the original Pass Book shall be given to respondent No.1 along with the photocopy of the FDRs. 20. The original Fixed Deposit Receipts shall be handed over to respondent No.1 at the expiry of the fixed deposit. 21. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court. 22. Half yearly statement of account be filed by the Bank in this Court. 23. On the request of respondent No.1, the Bank shall transfer the Savings Account to any other branch of UCO Bank according to the convenience of respondents No.1. 24. Respondents No.1 shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. 23. On the request of respondent No.1, the Bank shall transfer the Savings Account to any other branch of UCO Bank according to the convenience of respondents No.1. 24. Respondents No.1 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. 25. List for directions as to disbursement of the enhanced award amount on 9th April, 2010. 26. Copy of the order be given dasti to counsel for both the parties under the signatures of the Court Master. 27. 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.