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2010 DIGILAW 406 (RAJ)

Ashok Narain Khanna v. Visvanath

2010-02-19

J.R.MIDHA

body2010
Hon'ble MIDHA, J.—The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.1,15,000/- has been awarded to the appellant. The appellant seeks the enhancement of award amount. 2. The accident dated 22nd January, 1999 resulted in the grievous injuries to the appellant. The appellant lost vision in left eye. The permanent disability has been assessed to be 30% as per the disability certificate issued to the appellant by Dr. Ram Manohar Lohia Hospital. The learned Tribunal took the permanent disability in respect of the total body as 15% and applied the multiplier of 11 to compute the loss of dependency at Rs.79,200/- rounded of as Rs.80,000/-. The learned Tribunal has awarded Rs.20,000/- towards loss of enjoyment of life and pain and suffering, Rs.6,000/- towards medical expenses, Rs.4,000/- towards conveyance charges and Rs.5,000/- towards special diet. The total compensation awarded is Rs.1,15,000/-. 3. Learned counsel for the appellant has urged following grounds at the time of hearing of this appeal:- (i) The loss of earning capacity be taken as 30% in respect of whole body. (ii) The compensation for medical expenses and loss of amenities of life be enhanced. (iii) The compensation be awarded for disfiguration. (iv) The rate of interest be enhanced from 7% per annum to 7.5% per annum. 4. The appellant is present in Court and he has lost vision in left eye. The permanent disability of the appellant has been assessed as 30% by Dr. Ram Manohar Lohia Hospital. The appellant was doing the work of screen printing before the accident, which he is unable to do any more. Considering the fact that the appellant has lost his left eye, the permanent disability for whole body is taken up 30%. The appellant is entitled to Rs.1,58,400/- (Rs.4,000 x 12 x 11 x 30%) towards loss of earning capacity due to permanent disability. The learned Tribunal has awarded Rs.6,000/- for medical expenses which is on a lower side. No compensation has been awarded for disfiguration. The compensation for medical expenses is enhanced from Rs.6,000/- to Rs.20,000/-, Rs.20,000/- is awarded for loss of amenities of life and Rs.20,000/- is awarded for disfiguration. The appellant is entitled to total compensation of Rs.2,47,400/- (Rs.1,58,400 + Rs.20,000/- + Rs.20,000/- + Rs.20,000/- + Rs.20,000/- + Rs.4,000/- + Rs.5,000/-). 5. No compensation has been awarded for disfiguration. The compensation for medical expenses is enhanced from Rs.6,000/- to Rs.20,000/-, Rs.20,000/- is awarded for loss of amenities of life and Rs.20,000/- is awarded for disfiguration. The appellant is entitled to total compensation of Rs.2,47,400/- (Rs.1,58,400 + Rs.20,000/- + Rs.20,000/- + Rs.20,000/- + Rs.20,000/- + Rs.4,000/- + Rs.5,000/-). 5. The learned Tribunal has awarded interest @ 7% per annum and following the judgment of 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 7% per annum to 7.5% per annum. 6. The appeal is allowed and the award amount is enhanced from Rs.1,15,000/- to Rs.2,47,400/- along with interest @7.5% per annum from the date of filing of the petition till realization. 7. The enhanced award amount along with interest be deposited by respondent with UCO Bank A/c Ashok Narain Khanna, Delhi High Court Branch within 30 days. 8. After deposit of award amount, the respondent No.3 shall be entitled to recover the same from the owner of the vehicle in terms of the order of learned Tribunal. 9. Upon the aforesaid deposit being made, UCO Bank is directed to release 10% of the same to the appellant. The remaining amount be kept in fixed deposit in the name of the appellant 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. 10. (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. 10. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of the appellant. 11. 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. 12. No cheque book be issued to the appellant without the permission of this Court. 13. The Bank shall issue Fixed Deposit Pass Book instead of the FDRs to the appellant and the maturity amount of the FDRs be automatically credited to the Saving Bank Account of the beneficiary at the end of the FDR. 14. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court. 15. Half yearly statement of account be filed by the Bank in this Court. 16. 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. 17. 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 (Mobile No. 09310356400). 18. Copy of the order be given dasti to counsel for both the parties under signatures of the Court Master. 19. 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.