Laxmina Devi v. Jitender Kumar & Ors

1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.1,05,500/- is awarded to the appellant.

2. On 13th August, 2013 at 05.00 PM, the appellant was walking on road near Sibble Cinema, Mathura Road, Badarpur when she was hit by RTV bearing No. DL-1LN-8586 which resulted in compound fracture of lateral mallalus in left lower limb. The appellant was admitted in Saras Hospital and Trauma Centre from 13th August, 2013 to 16th August, 2013. The appellant’s treatment continued up to December, 2013. The injuries suffered by the appellant resulted in 31% permanent disability relating to left lower limb. 2018:DHC:2879

3. The Claims Tribunal awarded Rs.25,000/- towards pain and suffering, Rs.5,000/- towards mental and physical shock, Rs.20,000/- towards loss of income, Rs.40,500/- towards medical treatment, Rs.5,000/- towards conveyance, Rs.5,000/- towards special diet and Rs.5,000/- towards cost of nursing and attendant. The total compensation awarded is Rs.1,05,500/-.

4. Learned counsel for the appellant urged at the time of hearing that the Claims Tribunal has not taken the permanent disability into consideration. It is further submitted that the Claims Tribunal has not awarded any compensation for the loss of earning capacity. The appellant seeks enhancement of compensation under the heads of pain and suffering, loss of amenities of life as well as disfiguration. The appellant however restricts her claim to enhancement of compensation to Rs.6,00,000/-.

5. There is merit in the contentions urged by the learned counsel for the appellant that the Claims Tribunal has completely overlooked the permanent disability suffered by the appellant. The appellant has suffered permanent physical disability of 31% relating to left lower limb.

6. The appellant is present in Court and her condition has been seen. The record of the Trial Court containing the original medical record of the appellant has been perused.

7. Considering the condition of the appellant present in Court, the functional disability of the appellant is taken as 15%. Taking the minimum wages of Rs.8528/- in respect of a semi-skilled worker, the functional disability as 15% and applying the multiplier of 15, the loss of earning capacity is assessed as Rs.2,30,256/-. The compensation of Rs.25,000/awarded by the Claims Tribunal towards pain and suffering is enhanced to Rs.1,00,000/-, Rs.1,00,000/- is awarded towards loss of amenities of life and Rs.64,244/- is awarded towards disfiguration. The appellant is entitled to total compensation of Rs.5,75,000/- along with interest at the rate of 9% per annum.

8. The appeal is allowed and the compensation amount is enhanced from Rs.1,05,500/- to Rs.5,75,000/- along with the interest at the rate of 9% per annum from the date of institution of the claim petition i.e. 22nd October,

2013. The enhanced award amount along with upto date interest be deposited by Respondent No.3 with the Registrar General of this Court within four weeks.

9. List for disbursement of compensation amount on 06th July, 2018.

10. The appellant shall remain present in Court on the next date of hearing along with the passbook of her savings bank account near the place of her residence as well as PAN card and Aadhaar card. The concerned bank of appellant is directed not to issue any cheque book or debit card to the appellant and if the same have already been issued, the bank is directed to cancel the same and make an endorsement on the passbook to this effect. The appellant shall produce the copy of this order to the concerned bank, whereupon the bank shall make an endorsement on the passbook of the appellant that no cheque book and/or debit card shall be issued to the appellant without the permission of this Court. However, the concerned bank shall permit the appellant to withdraw money from her savings bank account by means of a withdrawal form. The appellant shall produce the original passbook of her savings bank account with the necessary endorsement on the next date of hearing.

11. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master. MAY 02, 2018 J.R.MIDHA, J. rd