Kuldip Chand Suri vs Shyam Rathi and Others

J.R. Midha, J.—The accident dated 17th May, 1982 resulted in fracture of left leg of the appellant. The surgery was performed on the left leg of the appellant which was shortened by 2 cm. The permanent disability of the appellant has been assessed as 20% as per the Ex.PW7/X in respect to left lower limb. The learned Tribunal awarded Rs. 10,000/- towards expenditure on medicines, Rs. 10,000/- on account of conveyance, Rs. 5,000/- towards special diet, Rs. 5,000/-towards pain and agony, Rs. 4,500/- towards loss of income and Rs. 25,000/- towards permanent disability. The total compensation awarded is Rs. 59,500/-.

The learned Counsel for the appellant submits that the amount awarded towards pain and agony and permanent disability is very low and the same should be enhanced.

The learned Tribunal has awarded Rs. 5,000/- for pain and agony which is inadequate. The compensation on account of permanent disability is also inadequate. The compensation under both these heads form part of non-pecuniary damages and has to be just, fair and reasonable and also in conformity with the amount awarded by the Courts. The learned Counsel for the appellant refers to and relies upon the judgments in the cases of Hardeep Singh Vs. Harbhajan Singh and Others, , Sham Harbhagvandas Peshori Vs. Albright Morarji and Pandit Ltd., , Aman Dahiya v. Surinder Jain 1993 ACJ 120, Thanamna Methew v. Mummidiverepa 1997 ACJ 574 and Nagappa Mahadev Doddaamani Vs. New India Assurance Co. Ltd. and Another, where higher amount has been awarded.

In the facts and circumstances of this case, the compensation for pain and agony is enhanced from Rs. 5,000/- to Rs. 25,000/- and compensation on account of permanent disability is enhanced from Rs. 25,000/- to Rs. 30,000/-.

The appeal is allowed and the award amount is enhanced from Rs. 59,500/- to Rs. 84,500/-. The learned Tribunal had awarded 12% interest from the date of filing of the petition till realization. The rate of interest on the original award is not disturbed. However, the rate of interest on the enhanced amount shall be 7.5% from the date of filing of the petition till realization following the judgment of the Apex Court in the case of Dharampal v. U.P. State Road Transport Corporation III 2008 ACC (1) SC.

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

Upon such amount being deposit, the learned Tribunal shall release the award amount to the appellant without any restriction of fixed deposit.

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