Delhi High Court
Uttar Pradesh State Road Transport ... vs Naveen Chand Upreti on 15 July, 2009
Author: J.R. Midha
Bench: J.R. Midha
6
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 488/2007
Date of Decision: 15th July, 2009
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UTTAR PRADESH STATE ROAD TRANSPORT
CORPORATION ..... Appellant
Through : Ms. Garima Prashad and
Ms. Neha Goyal, Advs.
versus
NAVEEN CHAND UPRETI ..... Respondent
Through : Mr. Suresh Sharma, Adv.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may Yes
be allowed to see the Judgment?
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be Yes
reported in the Digest?
JUDGMENT (Oral)
1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.81,600/- has been awarded to the respondent.
2. The accident dated 31st January, 1997 resulted in injuries to the claimant. The claimant's left leg below knee came under front tyre of the bus due to which he suffered fracture of tibia and fibula and he underwent surgery for interlocking nailing in the hospital on 27th February, 1997.
3. The learned Tribunal awarded Rs.31,100/- towards the medical expenditure, Rs.9,000/- towards conveyance and special diet, Rs.18,500/- towards the loss of earnings and MAC .APP.No.488/2007 Page 1 of 3 Rs.23,000/- towards pain and suffering. The total compensation awarded is Rs.81,600/-.
4. The only ground urged by the learned counsel for the appellant during the hearing of this appeal is that the appellant did not prove by sufficient evidence that he suffered loss of salary for five months and, therefore, the award of Rs.18,500/- towards loss of earning is not based on evidence.
5. Considering the injuries suffered by the appellant, the award of Rs.18,500/- towards loss of earning is fair and reasonable. However, even if the argument of the appellant is accepted, the compensation of Rs.18,500/- can be treated to be compensation towards loss of amenities of life because the learned Tribunal has not awarded any compensation for loss of amenities of life to which the claimant was entitled. In fact, considering the injuries suffered by the claimant, he may be entitled to a higher amount but since no cross-objections have been filed, this issue does not require any further consideration.
6. The appeal is dismissed. The award amount deposited by the appellant with this Court and statutory amount of Rs.25,000/- be released to the claimant within two weeks.
7. Considering that the appellant has restricted the challenge in this appeal only to the award of Rs.18,500/-, it is a misuse of process of law for the appellant to have obtained the stay in respect of the entire award amount from this Court on 14th August, 2007. Be that as it may, the ex-parte stay order dated 14th August, 2007 is hereby vacated.
8. Since there was stay on the release of the award amount MAC .APP.No.488/2007 Page 2 of 3 to the claimant, the appellant shall be liable to pay the interest on the award amount up to the date of release of the award amount to the claimant. The Registry has been directed to release the entire award amount along with interest and the statutory amount of Rs.25,000/- to the claimant within two weeks and, therefore, the date of release of the award amount to the claimant is treated to be 31st July, 2009. The appellant is directed to deposit the interest up to 31st July, 2009. The amount awarded by the learned Tribunal is Rs.81,600/- on which the interest at the rate of 8% per annum from 8th January, 2002 up to 31st July, 2009 comes to Rs.49,362.40. The total award amount along with interest up to 31st July, 2009 comes to Rs.1,39,962.40 against which the appellant has deposited a sum of Rs.94,596/- apart from the statutory amount of Rs.25,000/- along with this appeal. The total comes to Rs.1,19,596/-. The balance amount payable by the appellant is Rs.11,366/-. The appellant is directed to pay the said amount to the claimant by means of a cheque drawn in his name on the next date of hearing.
9. List for payment of the balance amount on 11th August, 2009.
10. Copy of this order be given 'Dasti' to learned counsel for both the parties under signatures of Court Master.
J.R. MIDHA, J JULY 15, 2009 aj MAC .APP.No.488/2007 Page 3 of 3