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2014 DIGILAW 745 (DEL)

Lalan Verma v. Sonu Kumar Yadav

2014-03-04

SURESH KAIT

body2014
JUDGMENT Suresh Kait, J. (Oral) CM APPL. 16637/2013(Delay) In view of the averments made in the application, the delay of 139 days in filing the instant appeal is condoned. The application stands disposed of. MAC.APP. 947/2013 1. The present appeal is preferred against the impugned award dated 04.03.2013 whereby learned tribunal has awarded a compensation for a sum of Rs. 43,145/-with interest @ 7.5 % per annum from the date of filing the claim petition till realisation of the amount. 2. Counsel appearing on behalf of the appellant argued the appeal on a sole ground that the injured/appellant received 28% disability in relation to the left lower limb. However, learned Tribunal has failed to assess functional disability and accordingly not granted any compensation to this effect. 3. As per the disability certificate dated 28.09.2013 issued by Guru Gobind Singh Government Hospital, Raghubir Nagar, New Delhi-110027, the appellant was assessed 28% temporary physical disability in relation to his left lower limb. The same was likely to improve following nail removal and physiotherapy. 4. Since thereafter the disability of the appellant was not assessed, therefore, vide order dated 23.10.2013, this Court directed the Medical Superintendent of the aforesaid hospital to constitute a medical board and assess the permanent disability suffered by the appellant. 5. Accordingly, vide report dated 07.01.2014, it is stated that the permanent disability of the appellant is 25% in relation to his left lower limb. His condition is non-progressive and not likely to improve. Re-assessment of the same is also not recommended. This disability certificate has been signed by three doctors and counter signed by the Medical Superintendent of the hospital mentioned above. 6. Admittedly, the appellant is a rickshaw puller and was at the age of 39 years at the time of accident i.e. 15.12.2011. It is true that he would not be able to pull the rickshaw with this disability. However, it cannot be said that he cannot do some other work. 7. For assessing the physical disability the Court has to see the effect of the injuries suffered by the appellant. Though he will have to live with 25% permanent disability, accordingly, I assess this disability qua the whole body. The Tribunal has assessed the monthly income of appellant as Rs. 6,656/-. Thus, loss of income on account of disability comes to Rs.2,99,520/- (Rs.6,656X12X15X25/100). 8. Consequently, the compensation is enhanced by Rs.2,99,520/-. Though he will have to live with 25% permanent disability, accordingly, I assess this disability qua the whole body. The Tribunal has assessed the monthly income of appellant as Rs. 6,656/-. Thus, loss of income on account of disability comes to Rs.2,99,520/- (Rs.6,656X12X15X25/100). 8. Consequently, the compensation is enhanced by Rs.2,99,520/-. The enhanced compensation shall also carry interest @ 7.5% per annum from the date of filing of the claim petition till realization of the amount. 9. Accordingly, the respondent No.3/Insurance Company is directed to deposit the enhanced compensation amount with upto date interest accrued thereon with the Registrar General of this Court within a period of six weeks from today, failing which, appellant/claimant shall be entitled for penal interest @ 12% per annum on account of delayed payment. 10. On deposit, the Registrar General is directed to release the amount in favour of the appellant/claimant in terms of the award dated 04.03.2013 passed by the learned Tribunal. 11. In view of the above, the appeal is allowed.