Delhi High Court
Patti Ram vs Kushal Pal Singh on 4 November, 2009
Author: J.R. Midha
Bench: J.R. Midha
38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.358/2008
% Date of decision: 4th November, 2009
PATTI RAM ..... Appellant
Through : Mr. S.N. Parashar, Adv.
versus
KUSHAL PAL SINGH ..... Respondent
Through : Mr. Pankaj Seth, 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. 6,59,062/- has been awarded to the appellant. The appellant seeks enhancement of the award amount.
2. The accident dated 20th February, 2005 resulted in grievous injuries to the appellant. The appellant was sitting on the pillion of two-wheeler scooter bearing No.DEU-6652 when he was hit by a milk tanker bearing No.DL-1GB-3777. The appellant fell down from the scooter and both his legs were crushed under the front wheel of milk tanker. Both the legs of the appellant were amputated. The permanent disability of the appellant has been MAC.APP.No.358/2008 Page 1 of 5 assessed as 85% in relation to left lower limb and 70% in relation to right lower limb.
3. The learned Tribunal awarded Rs.10,000/- towards medical expenses, Rs.15,000/- towards conveyance and special diet, Rs.5,59,062/- towards permanent disability and Rs.1,00,000/- towards pain and suffering. The total compensation awarded is Rs.6,84,062/-.
4. The leaned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:-
(i) The compensation for pain and suffering be enhanced.
(ii) The compensation for loss of amenities of life be enhanced.
(iii) The compensation for conveyance be enhanced.
(iv) The compensation for loss of income due to permanent disability be enhanced.
(v) The compensation for disfiguration be awarded.
(vi) The compensation for attendant charges be awarded.
5. The appellant has suffered permanent disability due to amputation of both legs and, therefore, the loss of earning capacity is total. However, the learned Tribunal has taken the loss of earning capacity to be 85% which is enhanced to 100%. The condition of the appellant is apparent from the photographs pasted on the disability certificate.
6. The learned Tribunal has taken the minimum wages into consideration. However, the increase in minimum wages due to inflation and rise in price index has not been taken. It is well settled by the catena of judgments of this Court in the cases of MAC.APP.No.358/2008 Page 2 of 5 Kanwar Devi vs. Bansal Roadways, 2008 ACJ 2182, National Insurance Company Limited vs. Renu Devi III (2008) ACC 134 and UPSRTC vs. Munni Devi, MAC.APP.No.310/2007 decided on 28.07.2008 where it has been held that the Court should take judicial notice of increase in minimum wages to meet the increase in price index and inflation rate. The Court has taken the view that the minimum wages get doubled over the period of 10 years and increase in minimum wages is not akin to future prospects.
7. Following the aforesaid judgments, the loss of income of the appellant due to permanent disability is computed to be Rs.9,86,580/- [(Rs.3,045 + Rs.6,090)/2 x 12 x 18].
8. The learned Tribunal has awarded Rs.15,000/- towards conveyance and special diet charges which is not appropriate considering that the appellant will not be able to travel by public transport and shall always have to incur expenditure on travel. The loss on account of conveyance is awarded at the rate of Rs.500/- per month and the loss on account of conveyance is computed to be Rs.1,08,000/- (Rs.500 x 12 x 18).
9. The learned Tribunal has awarded Rs.1,00,000/- towards compensation for pain and suffering which is inappropriate. The law with respect to the award of compensation for pain and suffering and loss of amenities of life is well settled by the judgment of this Court in the case of Oriental Insurance Co. Ltd. vs. Vijay Kumar Mittal & Ors., 2008 ACJ 1300. MAC.APP.No.358/2008 Page 3 of 5
10. Following the aforesaid judgment, the compensation for pain and suffering is enhanced from Rs.1,00,000/- to Rs.1,50,000/- and Rs.1,00,000/- is awarded towards loss of amenities of life.
11. With respect to the attendant, no evidence has come on record and, therefore, no compensation is awarded on this head. However, with respect to the compensation for disfiguration, Rs.50,000/- is awarded for disfiguration.
12. The appellant is entitled to total compensation of Rs.13,94,580/- (Rs.9,86,580 + Rs.1,08,000 + Rs.1,50,000 + Rs.1,00,000 + Rs.50,000).
13. The appeal is allowed and the award is enhanced from Rs.6,59,062/- to Rs.13,94,580/- along with interest @7.5% per annum from the date of filing of the petition till realization.
14. The enhanced award amount along with interest be deposited by respondent No.3 with State Bank of India A/c Patti Ram through Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322) within 30 days.
15. Upon the enhanced award amount being deposited, State Bank of India is directed to release a sum of Rs.1,00,000/- to the appellant by transferring the said amount to his Savings Bank Account and the remaining amount be kept in fixed deposit for 10 years on which monthly interest be paid to him.
16. The interest on the aforesaid fixed deposit shall be paid monthly by automatic credit of interest in the Savings Account of the appellant.
MAC.APP.No.358/2008 Page 4 of 5
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 original Fixed Deposit Receipt shall be retained by the Bank in the safe custody. However, the original Pass Book shall be given to the appellant along with the photocopy of the FDR.
20. The original Fixed Deposit Receipt shall not be handed over to the appellant without the permission of this Court.
21. No loan, advance or withdrawal shall be allowed on the said Fixed Deposit Receipt without the permission of this Court.
22. Half yearly statement of account be filed by the Bank in this Court.
23. On the request of the appellant, the Bank shall transfer the Savings Account to any other branch of State Bank of India of India according to the convenience of the appellant.
24. The appellant shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322).
25. List for directions on 17th December, 2009.
26. Copy of the order be given dasti to counsel for both the parties under the signatures of the Court Master.
J.R. MIDHA, J NOVEMBER 04, 2009 aj MAC.APP.No.358/2008 Page 5 of 5