Shri Ram v. Banwari Lal & Anr.

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.1,47,400/- has been awarded to the appellant.

2. The accident dated 10th September 1994 resulted in amputation of left leg of the appellant below knee. The disability of the appellant was assessed to be 70% as per disability certificate. The appellant was aged 45 years working as Chowkidar earning Rs.2,200/- per month. The learned Tribunal took the disability of the appellant to be 2009:DHC:4412 35% and the compensation towards loss of income was computed to be Rs.92,400/- (Rs.770 x 12 x 10). The learned Tribunal awarded Rs.5,000/- towards expenses on account of special diet, Rs.15,000/- towards conveyance charges, Rs.10,000/- towards pain and agony, Rs.5,000/- towards attendant charges, Rs.15,000/- towards expenses on account of loss of income and Rs.5,000/- towards purchase of medicines. The total compensation awarded is Rs.1,47,400/-.

3. The learned counsel for the appellant submits that the learned Tribunal has not taken the future prospects into consideration. The learned counsel further submits that the multiplier be enhanced from 10 to 14 considering the age of the appellant. The learned counsel further submits that the disability of the injured be taken to be 100% considering that the appellant is not in a position to work. The learned counsel further seeks enhancement towards compensation for pain and agony. The learned counsel also submits that no compensation has been awarded towards loss of amenities of life.

4. In this facts and circumstances of this case, the income of the deceased is taken to be Rs.2200/-, 30% is added towards the future prospects and multiplier of 14 is applied following the judgment of Hon’ble Supreme Court in case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129 and the disability of the injuried is taken to be 70%. The loss of income is computed to be Rs.3,36,336/- [(Rs.2,200 + 30%) x 12 x 14 x 70%].

5. The learned Tribunal has awarded Rs.10,000/- towards pain and agony which is enhanced to Rs.25,000/-. The learned Tribunal has not awarded any compensation towards loss of amenities of life. Rs 25,000/- is awarded towards loss of amenities of life. The claimant are entitled to total compensation of Rs.4,31,336/- (Rs.3,36,336 + Rs.5,000 + Rs.5,000 + Rs.15,000 + Rs.25,000 + Rs.25,000 + Rs.5,000 + Rs.15,000).

6. The appeal is allowed and award amount is enhanced from Rs.1,37,400/- to Rs.4,31,336/-. The learned Tribunal has awarded interest @ 12% per annum which is not disturbed on the original award amount. However, on the enhanced award amount, the rate of interest shall be @ 7.5% per annum from the filing of the petition till realization.

7. The enhanced award amount be deposited by respondent No.3 with State Bank of India by means of a cheque drawn in the name of State Bank of India A/c Shri Ram.

8. Upon the award amount being deposited, State Bank of India is directed to release a sum of Rs.35,000/- to each of claimants/appellants No.1 to 3.

9. The claimants shall have equal share in the remaining award amount and their share be kept in fixed deposit in their respective names for a period of five years on which month interest be paid to them.

10. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the respective Savings Account of the claimants.

11. Withdrawal from the aforesaid account shall be permitted to the claimants after due verification and the Bank shall issue photo Identity Card to the claimants to facilitate identity.

12. No cheque book be issued to the claimants without the permission of this Court.