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2010 DIGILAW 389 (RAJ)

Om Praksh v. Rohtas Singh Tyagi

2010-02-18

J.R.MIDHA

body2010
Hon'ble MIDHA, J.—The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.3,58,857/- has been awarded to him. The appellant seeks enhancement of the award amount. 2. The accident dated 31st July, 1996 resulted in grievous injuries to the appellant. The appellant was going to Jhandewalan via Minto Road on the scooter. The appellant stopped the scooter at the red light on the crossing near Narula Hospital, Connaught Place when a blue line bus bearing No.DL1P-2268 came from behind and hit the appellant due to which the appellant fell down on the road and his right leg was crushed under the wheel of the bus. The appellant was taken to Ram Manohar Lohia Hospital by the police from where he was shifted to Parmarth Hospital on 1st August, 1996. The appellant's right leg was operated. On 8th August, 1996, the appellant was shifted to Pentamed Hospital where he underwent surgery. He was again admitted in Parmarth Hospital on 11th August, 1996 and was discharged on 21st September, 1996. He underwent bone grafting and skin grafting. He was again admitted in Parmarth Hospital on 4th October, 1996 and was discharged on 12th October, 1996. He was also admitted in Narang Hospital on 14th November, 1996 and was discharged on 15th November, 1996. He remained on treatment for almost six months. The appellant proved the bills pertaining to the treatment taken by him vide Ex.PW1/1 to Ex.PW1/3. The appellant suffered permanent disability to the extent of 45% proved by way of disability certificate – Ex.PW1/4. 3. The learned Tribunal awarded a sum of Rs.2,58,857/- towards the expenses on medicine, Rs.75,000/- on account of disability, Rs.5,000/- on account of conveyance, Rs.10,000/- towards special diet and Rs.10,000/- towards pain and suffering. The total compensation awarded is Rs.3,58,857/-. 4. The learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:- (i) The compensation for loss of earning capacity be awarded. (ii) The compensation for conveyance and special diet be enhanced. (iii) The compensation for pain and suffering be enhanced. (iv) The compensation be awarded for loss of amenities of life and disfiguration. (v) The rate of interest be enhanced from 6% per annum to 7.5% per annum. 5. The appellant's right leg from knee to toe was crushed under the bus and badly mutilated. (iii) The compensation for pain and suffering be enhanced. (iv) The compensation be awarded for loss of amenities of life and disfiguration. (v) The rate of interest be enhanced from 6% per annum to 7.5% per annum. 5. The appellant's right leg from knee to toe was crushed under the bus and badly mutilated. The bones of the right leg below knee fractured at five places. The skin of the right leg between knee and toe has been peeled of and the appellant is unable to walk without the support. The heel of the appellant is shortened by three inches. The appellant cannot put weight on the right heel and he has been disfigured due to the accident. The appellant is present in the Court and his injuries have been seen by the Court as well as counsel for respondent No.3. 6. The appellant has suffered 45% disability in respect of his right lower limb for which the learned Tribunal has awarded Rs.75,000/- and Rs.10,000/- towards pain and suffering. No compensation has been awarded for loss of amenities of life and disfiguration. 7. 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 compensation for pain and suffering is enhanced from Rs.10,000/- to Rs.1,00,000/- and compensation of Rs.1,00,000/- is awarded for loss of amenities of life and Rs.50,000/- towards disfiguration. 9. The learned Tribunal has awarded Rs.5,000/- towards conveyance and Rs.10,000/- towards special diet. The appellant is unable to walk properly without the support. The appellants' heel is shortened about 3 inches and, therefore, he is unable to travel by public transport. 9. The learned Tribunal has awarded Rs.5,000/- towards conveyance and Rs.10,000/- towards special diet. The appellant is unable to walk properly without the support. The appellants' heel is shortened about 3 inches and, therefore, he is unable to travel by public transport. The appellant was working as Inspector with Income Tax Department upto 2007 and had to incur expenses on conveyance for coming from residence in Paharganj to his office in Laxmi Nagar. The appellant submits that he was going and returning from his office by three wheeler and was incurring approximately Rs.100/- to Rs.150/- per day on expenses for conveyance. The monthly expenditure for conveyance was approximately Rs.3,000/- per month. However, considering that the appellant would also be entitled to interest on the award amount, this Court is of the view that Rs.1,000/- per month should be sufficient to compensate the appellant towards the expenditure incurred on the conveyance. The appellant retired from service in October, 2007 and, therefore, the appellant is awarded compensation of Rs.1,32,000/- (Rs.1,000 x 12 x 11) for conveyance for 11 years. The learned counsel for the appellant submits that the appellant has to incur conveyance after 2007. It is noted that the interest on the amount awarded should be sufficient to the appellant to take care for his future conveyance and, therefore, no amount is awarded for the future conveyance after retirement from the service. 10. The learned Tribunal has awarded Rs.10,000/- towards special diet which is on a lower side. Considering that the appellant underwent three surgeries and remained under treatment for about 10 months, the compensation for special diet is enhanced from Rs.10,000/- to Rs.25,000/-. The learned Tribunal has awarded Rs.75,000/- towards permanent disability. Considering that the appellant was working as Income Tax Inspector with Income Tax Department at the time of the accident and continued to remain in service thereafter till his retirement in 2007 but no evidence has been led by the appellant to prove that he had suffered loss of promotion due to accident, the finding of the learned Tribunal does not call for any interference. 11. 11. The appellant entitled to following compensation:- (i) Compensation for medical expenditure Rs.2,58,857/- (ii) Compensation on account of permanent disability Rs.75,000/- (iii) Compensation for conveyance (Rs.1,000 x 12 x 11) Rs.1,32,000/- (iv) Compensation for special diet Rs.25,000/- (v) Compensation for pain and suffering Rs.1,00,000/- (vi) Compensation for loss of amenities of life Rs.1,00,000/- (vii) Compensation for disfiguration Rs.50,000/- Total Rs.7,40,857/- 12. The learned Tribunal has awarded interest @ 6% per annum which is on a lower side. 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 interest is enhanced from 6% per annum to 7.5% per annum. 13. The appeal is allowed and the award amount is enhanced from Rs.3,58,857/- to Rs.7,40,857/- along with interest @ 7.5% per annum from the date of filing of the petition till realization. 14. The enhanced award amount along with up to date interest be deposited by respondent No.3 with UCO Bank A/c Om Parkash, Delhi High Court Branch within 45 days. 15. 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. The remaining award amount be kept in fixed deposit in the following manner:- i) Fixed deposit in respect of 10% of the award amount for a period of six months. (ii) Fixed deposit in respect of 10% of the award amount for a period of one year. (iii) Fixed deposit in respect of 10% of the award amount for a period of one and a half years. (iv) Fixed deposit in respect of 10% of the award amount for a period of two years. (v) Fixed deposit in respect of 10% of the award amount for a period of two and a half years. (vi) Fixed deposit in respect of 10% of the award amount for a period of three years. (vii) Fixed deposit in respect of 10% of the award amount for a period of three and a half years. (viii) Fixed deposit in respect of 10% of the award amount for a period of four years. (ix) Fixed deposit in respect of 10% of the award amount for a period of four and a half years. 16. (vii) Fixed deposit in respect of 10% of the award amount for a period of three and a half years. (viii) Fixed deposit in respect of 10% of the award amount for a period of four years. (ix) Fixed deposit in respect of 10% of the award amount for a period of four and a half years. 16. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of the appellant. 17. 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. 18. No cheque book be issued to the appellant without the permission of this Court. 19. The Bank shall issue Fixed Deposit Pass Book instead of the FDRs to the appellants and the maturity amount of the FDRs be automatically credited to the Saving Bank Account of the beneficiary at the end of the FDR. 20. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court. 21. Half yearly statement of account be filed by the Bank in this Court. 22. 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. 23. 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. 24. List for reporting compliance on 5th May, 2010. 25. Copy of the order be given dasti to counsel for both the parties under signature of the Court Master. 26. 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.