Full Text
MAC.APP.No.367/2008
Date of Decision: 12th January, 2010 S.N.BHARDWAJ ..... Appellant
Through : Mr. Sunil Malhotra, Adv. along with the appellant.
Through : Mr. Pradeep Gaur, Adv.
JUDGMENT
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.11,000/- has been awarded to the appellant. The appellant seeks the enhancement of the award amount.
2. The accident dated 8th March, 2004 resulted in injuries to the appellant. The appellant suffered grievous injuries on his right hand. The appellant was given 24 stitches on his right hand and he remained under treatment for three months and could not attend to his work. The appellant is lawyer by profession.
3. The learned Tribunal awarded Rs.1,000/- towards medicines, Rs.5,000/- towards pain and suffering, Rs.4,000/- 2010:DHC:130 towards loss of income and Rs.1,000/- towards conveyance and special diet. The total compensation awarded is Rs.11,000/-.
4. The learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:-
(i) The leaned Tribunal has not taken the permanent disability of 1% into consideration.
(ii) No compensation has been awarded for permanent disability.
(iii) The compensation for loss of amenities of life be awarded.
(iv) The compensation for pain and suffering be enhanced.
(v) The compensation for loss of income be enhanced.
5. The learned counsel for respondent No.3 submits that the award of the learned Tribunal is fair and reasonable in the facts and circumstances of this case.
6. The appellant placed the original permanent disability certificate dated 25th October, 2006 on record before the learned Tribunal according to which the appellant has suffered 1% permanent disability due to “post trauma stiff DIP & PIP joint of ® little finger.” The appellant was under treatment and could not attend the Court for about three months.
7. In the facts and circumstances of this case and considering the permanent disability of 1% suffered by the appellant who remained under treatment for three months and could not attend his work, compensation for pain and suffering is enhanced from Rs.5,000/- to Rs.15,000/-.
8. The learned Tribunal has not awarded any compensation for loss of amenities of life. Rs.15,000/- is awarded for loss of amenities of life. The compensation for loss of income is enhanced from Rs.4,000/- to Rs.18,000/-. The appellant is entitled to total compensation of Rs.50,000/. (Rs.15,000 + Rs.15,000 + Rs.18,000 + Rs.1,000 + Rs.1,000)
9. The appeal is allowed and the award amount is enhanced from Rs.11,000/- to Rs.50,000/- along with interest @ 7.5% per annum from the date of filing of the petition till realization.
10. The enhanced award amount along with interest be deposited by respondent No.3 with UCO Bank A/c S.N. Bhardwaj, Delhi High Court Branch within 30 days.
11. Upon the aforesaid deposit being made, the UCO Bank is directed to release the same to the appellant without any requirement of any fixed deposit.
12. Copy of this order be given „Dasti‟ to learned counsel for both the parties under signature of Court Master. J.R. MIDHA, J JANUARY 12, 2010