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2010 DIGILAW 62 (DEL)

ASHOK KUMAR v. SATPAL

2010-01-15

J.R.MIDHA

body2010
JUDGMENT : J.R. Midha, J. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.45,000 has been awarded to him. The appellant seeks enhancement of the award amount. 2. The accident dated 22.11.1996 resulted in compound fracture of both the bones of his left leg. 3. 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. 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) Compensation for pain and suffering be enhanced. (ii) Compensation be awarded for loss of amenities of life. (iii) Compensation be awarded for disfiguration. (iv) Compensation for loss of income be enhanced as the appellant remained without salary for one year. (v) Compensation for medical treatment be enhanced. (vi) 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. Compensation of Rs. 20,000 for pain and suffering is on a very lower side. Considering that the appellant had 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 towards the loss of amenities of life. 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 the matter, no case of enhancement of loss of income is made out. The learned Tribunal has awarded Rs. 2,000 for medical expenses. The appellant was treated in government hospital and the bills proved on record did not exceed Rs. In that view of the matter, no case of enhancement of loss of income is made out. The learned Tribunal has awarded Rs. 2,000 for 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 the enhancement of medical expenses is also made out. The learned Tribunal has awarded Rs. 3,000 towards conveyance which is inappropriate considering that 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 six fractures suffered by him. The compensation for conveyance is, therefore, enhanced from Rs. 3,000 to Rs. 10,000. 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 a total compensation of Rs. 1,10,000 as per the break-up given hereunder: (i) Compensation for pain and suffering Rs.50,000 (ii) Compensation for loss of amenities of life Rs.20,000 (iii) Compensation for disfiguration Rs.8,000 (iv) Compensation for loss of wages Rs.15,000 (v) Compensation for medical expenses Rs.2,000 (vi) Compensation for conveyance Rs.10,000 (vii) Compensation for special diet Rs.5,000 Total Rs.1,10,000 8. The learned Tribunal has awarded interest at the rate of 6 per cent per annum. Following the judgment of the Hon'ble Supreme Court in the case of Dharampal and Others Vs. U.P. State Road Transport Corpn., AIR 2008 SC 2312 , the rate of interest is enhanced from 6 per cent per annum to 7.5 per cent 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 at the rate of 7.5 per cent per annum from the date of filing of the petition till realization.