Narender Singh vs Sompal and Others

J.R. Midha, J.—The appellant has challenged the impugned award of the learned Tribunal whereby compensation of Rs. 2,20,390/- has been awarded to the appellant. The appellant seeks enhancement of the award amount.

The accident dated 12th November, 1997 resulted in grievous injuries to the appellant. The appellant suffered dislocation of right hip and was operated upon. After some time, the wound gap got infected and, therefore, the appellant underwent split skin grafting. The permanent disability suffered by the appellant in relation to his right lower limb on account of compound comminuted fracture acetabulum with posterior dislocation right hip and shortening of leg was assessed to be 45%. However, learned Tribunal computed the loss of income by taking the permanent disability to be 22.5% for the whole body.

The appellant has challenged the impugned award on the ground that the loss of income should be computed by taking the permanent disability to be 45% in respect of the whole body. The second ground of challenge is that the compensation of Rs. 10,000/- for pain and suffering should be enhanced. The learned Counsel for the appellant also seeks enhancement of the amount of Rs. 10,000/- awarded for conveyance and special diet on the ground that appellant remained hospitalized for 102 days and was confined to bed for 1-1/2 years. The appellant also seeks compensation for loss of amenities which has not been awarded by the learned Tribunal.

Considering the nature of injuries suffered by the appellant and the permanent disability of 45%, the compensation for pain and suffering is enhanced from Rs. 10,000/- to Rs. 25,000/-.

The learned Tribunal has not awarded any amount for loss of amenities. Considering the nature of injuries, Rs. 20,000/- is awarded for loss of amenities.

The appellant remained hospitalized for 102 days and he underwent surgery for the hip fracture and the wound gap got infected and, thereafter split skin grafting was also done by the surgeon. The appellant remained confined to bed for about 1 1/2 years. Considering the period of confinement of the appellant, the amount awarded for conveyance and special diet is on lower side. The same is enhanced from Rs. 10,000/- to Rs. 20,000/-.

The learned Tribunal has taken the permanent disability of 45% to be 22.5% for whole of the body. The appellant is a driver and is unable to drive anymore because of 45% disability, and therefore, the disability of 45% is taken to be for the whole body. The compensation for loss of income computed by the learned Tribunal at Rs. 1,37,720/- taking the permanent disability of the whole body at 22.5% is enhanced from Rs. 1,37,700 to Rs. 2,75,400/- (Rs. 3,000 x 12 x 17 x 45%).

The appeal is accordingly allowed. The compensation is enhanced from Rs. 2,20,390/- to Rs. 4,03,090/- (Rs. 26,690/- towards medical bills + Rs. 25,000/- for pain and suffering + Rs. 20,000/- towards special diet + Rs. 36,000/- towards loss of earning for one year + Rs. 2,75,400/- for compensation towards loss of income + Rs. 20,000/- for compensation towards loss of amenities). The learned Tribunal has awarded interest @ 9% per annum amount which is not disturbed on the original award amount. However, on the enhanced amount, the rate of interest shall be 7.5% from the date of filing of the petition till realization.

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

Upon such deposit being made, the learned Tribunal is directed to release a sum of Rs. 50,000/- to the appellant and the remaining amount be kept in the fixed deposit for a period of five years on which periodical interest be paid to the appellant but no loan, advance or withdrawal be permitted without the prior permission of the learned Tribunal.