Davinder Kumar vs Tejpal Singh and Others

J.R. Midha, J.—The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 1,06,100/- had been awarded to the appellant. The appellant seeks enhancement of the award amount.

The accident dated 19th April, 1995 resulted in grievous injuries to the appellant. The appellant suffered fracture of both legs as well as dislocation of jaw (mandible). The surgery was performed on the femur bone of left leg and mandible was tightened with wires. The learned Tribunal has awarded Rs. 20,000/- towards medical expenses, Rs. 2,500/- towards conveyance charges, Rs. 5,000/- towards special diet, Rs. 5,000/- towards attendant charges, Rs. 6,000/- towards loss of income, Rs. 57,600/- towards permanent disability suffered by the appellant and Rs. 10,000/- towards pain and suffering. The total compensation awarded is Rs. 1,06,100/-.

The learned Counsel for the appellant has urged the following grounds at the time of hearing of this appeal:

(i) The compensation for loss of income due to permanent disability be enhanced.

(ii) The compensation for pain and suffering be enhanced.

(iii) The compensation be awarded for loss of amenities of life.

(iv) The compensation be awarded for disfiguration.

(v) The compensation for conveyance and special diet be enhanced.

(vi) The compensation for attendant charges be enhanced.

(vii) The rate of interest be enhanced from 6% per annum to 7.5% per annum and be made effective from the date of filing of the petition.

The appellant has suffered 25% disability in respect of right knee joint. The appellant was running a tent house at the time of the accident and he was personally doing the work of electrician which he is unable to do after the accident. The learned Tribunal has taken the functional disability of the appellant to be 15%. Considering the nature of injuries suffered by the claimant, the functional disability of the claimant is enhanced from 15% to 20%. The learned Tribunal has taken the income of the appellant according to minimum wages at Rs. 2,000/- per month and the multiplier of 16 was applied to compute the loss of income.

The learned Tribunal has not taken the increase in minimum wages due to inflation and rise in price index. It is settled by the catena of judgments of this Court in the cases of Kanwar Devi and Others Vs. Bansal Roadways and Others, , National Insurance Company Ltd. Vs. Renu Devi and Others, and UPSRTC v. Munni Devi MAC. APP. No. 310/2007 decided on 28.07.2008 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 and the income should be computed by taking the average of minimum wages and its double. Following the aforesaid judgments, the income of the deceased is taken to be Rs. 3,000/- [(Rs. 2,000 + Rs. 4,000)/2].

Taking the disability to be 20%, the loss of income of the appellant is computed to be Rs. 1,15,200/- (Rs. 3,000 x 12 x 16 x 20%). The learned Tribunal has awarded Rs. 6,000/- for loss of income. The learned Tribunal has awarded Rs. 57,600/- for permanent disability which is also treated to be loss of income. The loss of income awarded by the learned Tribunal is taken to be Rs. 63,600/- (Rs. 6,000 + Rs. 57,600) which is enhanced to Rs. 1,15,200/-.

The learned Tribunal has awarded only Rs. 10,000/- for pain and suffering. The learned Tribunal has not awarded any compensation for loss of amenities of life and disfiguration. The appellant has suffered fracture in both legs and dislocation of mandible and has undergone surgery for insertion of rod in the left femur and the mandible was tightened with wires. Considering the injuries suffered by the appellant, the treatment taken by him and the permanent disability suffered by him, the compensation awarded for pain and suffering is enhanced from Rs. 10,000 to Rs. 30,000/-. Rs. 30,000/- is awarded for loss of amenities of life and further sum of Rs. 30,000/- is awarded for disfiguration.

The learned Tribunal has awarded Rs. 2,500/- for conveyance and Rs. 5,000/- for special diet which considering the nature of injuries suffered by the appellant is on a lower side. The appellant was immobilized due to fracture for long time and, therefore, substantial amount must have been spent by him on the conveyance for visiting doctor. The compensation for conveyance is, therefore, enhanced from Rs. 2,500/- to Rs. 18,000/- and the compensation for special diet is enhanced from Rs. 5,000/- to Rs. 7,000/-.

The appellant kept an attendant for six months at a salary of Rs. 2,000/- which was proved by the attendant who appeared in the witness box as PW-4 and deposed that he worked with the appellant for six months at a salary of Rs. 2,000/- per month. The learned Tribunal has awarded Rs. 5,000/- for attendant charges which is enhanced to Rs. 10,000/-.

The claim petition was filed on 16th August, 1995. However, the learned Tribunal has awarded interest @6% per annum from 11th October, 1999 on the ground that there was delay on the part of the appellant to prosecute his case. It has time and again been emphasized that the compensation is due when the appellant suffers injuries. Under the Claim Procedure Manual for motor accident claims, the Insurance Company has to investigate the matter and to compute the compensation payable in accordance with law and has to offer the same to the claimant. In such an event, the delay on the part of the victim to prosecute his case would have disentitled him to interest. However, the learned Counsel for respondent No. 3 has not been able to show any material as to the steps taken by respondent No. 3 to assess and offer the compensation payable in accordance with law. In these circumstances, appellant is entitled to interest from the date of filing of the claim petition till realization. The rate of interest awarded by the learned Tribunal is on lower side. Following the judgment of Dharampal and Ors. v. U.P. State Road Transport Corporation III 2008 ACC (1) SC, the rate of interest is enhanced from 6% per annum to 7.5% per annum.

The appeal is allowed and the award amount is enhanced from Rs. 1,06,100/- to Rs. 2,60,200/- (Rs. 1,15,200/-for loss of income and permanent disability + Rs. 30,000/- for pain and suffering + Rs. 30,000/- for loss of amenities of life + Rs. 30,000/- for disfiguration + Rs. 18,000/- for conveyance + Rs. 7,000/- for special diet + Rs. 10,000/- for attendant charges + Rs. 20,000/- for expenses on medical expenditure) along with interest @ 7.5% per annum from the date of filing of the petition till realization.

The enhanced award amount along with interest be deposited by respondent No. 3 with UCO Bank, Delhi High Court Branch A/c Davinder Kumar through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days.

Upon the aforesaid deposit being made, the UCO Bank is directed to release 40% of the same to the claimant and the remaining amount be kept in fixed deposit for a period of three years on which monthly interest be paid to him.

No loan, advance or withdrawal be permitted without the permission of this Court.

List for reporting compliance on 3rd March, 2010.

Copy of this order be given ''Dasti'' to learned Counsel for both the parties.