Davinder Sood vs Chet Ram and Another

J.R. Midha, J.—The accident dated 12th June, 1989 resulted in fracture of left femur and 11/2 hip spica was inserted on the left side on 14th June, 1989 at Bara Hindu Rao Hospital. The spica was later removed at Dayananad Medical College and Hospital, Ludhiana due to which left limb shortened by 1 inch. The appellant was again operated on 8th July, 1989 at Christian Medical College and Hospital, Ludhiana for sub trochanteric fracture of left femur and is still undergoing physiotherapy.

The learned Tribunal has awarded Rs. 53,100/- to the appellant which includes the compensation of Rs. 5,000/- for pain and agony.

The appellant has challenged impugned award on the short ground that considering the injuries suffered by the appellant and the surgeries performed on him and the period for which he remained in hospital, the amount towards pain and agony and compensation for loss of amenities be enhanced.

Considering the injuries suffered by the appellant and the surgeries performed on him and the period of his admission in hospital, the compensation for pain and agony is enhanced from Rs. 5,000/- to Rs. 25,000/- and compensation of Rs. 15,000/- is awarded towards loss of amenities of life. The total compensation payable to the appellant is Rs. 88,100/-.

The appeal is allowed and the compensation is enhanced from Rs. 53,100/- to Rs. 88,100/-. The learned Tribunal had awarded interest at the rate of 12% per annum which is not disturbed on the original award amount of Rs. 53,100/-. However, on the enhanced amount of Rs. 35,000/-, the rate of interest shall be 7.5% from the date of filing of the petition till payment in terms of the judgment of the Hon''ble Supreme Court in the case of Dharampal and Ors. v. U.P. State Road Transport Corporation III 2008 ACC (1) SC.

Respondent No. 3 is directed to deposit the enhanced award amount along with interest thereon with the learned Tribunal within 30 days.

Upon such deposit being made, the learned Tribunal is directed to release entire award amount along with interest to the appellant. No restriction of fixed deposit is being imposed considering that the appellant is now 58 years and would be wise enough to properly utilize the money.