Full Text
HIGH COURT OF DELHI
Date of Decision: 30th November, 2016
RAM CHANDER SHARMA ..... Appellant
Through: Mr. Arvind Chaudhary, Ms. Asha Chaudhary, Advocates along with appellant in person.
(THE NEW INDIA ASSURANCE COMPANY LTD.) ..... Respondents
Through: Mr. Shoumik Mazumdar, Advocate for respondent no.3.
JUDGMENT
1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.3,02,950/- has been awarded to him. The appellant seeks enhancement of the award amount.
2. On 2nd October, 2009, the appellant was driving his two wheeler scooter in front of Janak Garden, near Gurudwara Nangli Poona, G.T. Road, Delhi when he was hit by truck bearing no.JK-02-AA-1495 which resulted grievous injuries to the appellant. The appellant suffered amputation of 2nd, 3rd, 4th toes of the left foot and 5th toe of the right foot which resulted 48% permanent disability in relation of both of his lower limbs. The photographs of the disability suffered by the 2016:DHC:7751 appellant are attached as Annexure ‘A’ to this judgment.
3. The Claims Tribunal awarded Rs.[1] lakh towards pain and suffering, Rs.[1] lakh towards loss of amenities of life, Rs.30,000/towards special diet, Rs.30,950/- towards conveyance and Rs.42,000/towards loss of earning during treatment.
4. Learned counsel for the appellant urged at the time of the hearing that no compensation has been awarded to the appellant for disfiguration. It is further submitted that the compensation awarded under the heads of attendant charges, conveyance and special diet are on a lower side considering that the appellant underwent treatment for more than 21 months. It is further submitted that no compensation has been awarded for loss of earning capacity. It is submitted that the appellant was self-employed as real estate consultant at the time of the accident.
5. The appellant is present in Court and his injuries have been seen. The Court is satisfied that the compensation awarded to the appellant on a lower side considering the permanent disability suffered by him. The appellant suffered crush injuries B/L foot with complete circumfrencial degloving B/L foot and underwent the operations for debridement of wound with repair of tendon with avulsed skin, flap repair, debridement of wound right and left foot, debridement of wound with amputation of toes in right and left foot and remained under treatment for 21 months and therefore, compensation under the head of pain and suffering is enhanced from Rs.[1] lakh to Rs.1,50,000/and the compensation under the head of conveyance is enhanced from Rs.30,950/- to Rs.78,000/-. Rs.1,50,000/- is awarded under the head of disfiguration. The appellant is entitled to total compensation of Rs.5,50,000/-.
6. The appeal is allowed and the award is enhanced from Rs.3,02,950/- to Rs.5,50,000/- along with interest @ 9% from the date of filing of petition or DAR, whichever is earlier.
7. The enhanced award amount be deposited by respondent no.3 with UCO Bank, Delhi High Court Branch within four weeks by means of a cheque drawn in the name of UCO Bank A/c Ram Chander Sharma. UCO Bank shall release 50% of the enhanced award amount to the appellant by transferring the same to his savings bank account. The balance 50% of the award amount be kept for a period of one year with cumulative interest.
8. The original FDR shall be retained by UCO Bank, Delhi High Court Branch. However, the photocopy of the same shall be provided to the appellant.
9. At the time of maturity, the fixed deposit amount shall be credited in the individual savings bank account of the appellant.
10. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.
11. List for reporting compliance on 11th January, 2017.
12. Copy of this judgment be given dasti to learned counsels for the parties.
NOVEMBER 30, 2016 J.R. MIDHA, J. dk