Patti Ram vs Kushal Pal Singh

J.R. Midha, J.—The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 6,84,062 has been awarded to the appellant. The appellant seeks enhancement of the award amount.

The accident dated 20.2.2005 resulted in grievous injuries to the appellant. The appellant was sitting on the pillion of two-wheeler scooter bearing No. DEU 6652 when he was hit by a milk tanker bearing No. DL 1-GB 3777. The appellant fell down from the scooter and both his legs were crushed under the front wheel of milk tanker. Both the legs of the appellant were amputated. Permanent disability of the appellant has been assessed at 85 per cent in relation to left lower limb and 70 per cent in relation to right lower limb.

Claims Tribunal awarded Rs. 10,000 for medical expenses, Rs. 15,000 towards conveyance and special diet, Rs. 5,59,062 for permanent disability and Rs. 1,00,000 towards pain and suffering. The total compensation awarded is Rs. 6,84,062.

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

(i) Compensation for pain and suffering be enhanced.

(ii) Compensation for loss of amenities of life be enhanced.

(iii) Compensation for conveyance be enhanced.

(iv) Compensation for loss of income due to permanent disability be enhanced.

(v) Compensation for disfiguration be awarded.

(vi) Compensation for attendant charges be awarded.

The appellant has suffered permanent disability due to amputation of both legs and, therefore, the loss of earning capacity is total. However, the learned Tribunal has taken the loss of earning capacity to be 85 per cent which is enhanced to 100 per cent. The condition of the appellant is apparent from the photographs pasted on the disability certificate.

The learned Tribunal has taken the minimum wages into consideration. However, the increase in minimum wages due to inflation and rise in price index has not been taken. It is well settled by a catena of judgments of this Court in the cases of Kanwar Devi and Others Vs. Bansal Roadways and Others, ; Dwijendra Nath Roy Vs. Union of India (UOI) and Others, and U.P.S.R.T.C. v. Munni Devi M.A.C. Appeal No. 310 of 2007; decided on 28.7.2008, where it has been held 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 minimum wages get doubled over the period of 10 years and the increase in minimum wages is not akin to future prospects.

Following the aforesaid judgments, the loss of income of the appellant due to permanent disability is computed to be Rs. 9,86,580 [(Rs. 3,045 + Rs. 6,090) + 2 x 12 x 18].

The learned Tribunal has awarded Rs. 15,000 towards conveyance and special diet charges which is not appropriate considering that appellant will not be able to travel by public transport and shall always have to incur expenditure on travel. The loss on account of conveyance is awarded at the rate of Rs. 500 per month and loss on account of conveyance is computed to be Rs. 1,08,000 (Rs. 500 x 12 x 18).

The learned Tribunal has awarded Rs. 1,00,000 towards compensation for pain and suffering which is inappropriate. The law with respect to the award of compensation for pain and suffering and loss of amenities of life is well settled by the judgment of this Court in the case of Oriental Insurance Co. Ltd. Vs. Vijay Kumar Mittal and Others, .

Following the aforesaid judgment, the compensation towards pain and suffering is enhanced from Rs. 1,00,000 to Rs. 1,50,000 and Rs. 1,00,000 is awarded towards loss of amenities of life.

With respect to the attendant, no evidence has come on record and, therefore, no compensation is awarded on this head. However, with respect to the compensation for disfiguration, Rs. 50,000 is awarded for disfiguration.

Appellant is entitled to total compensation of Rs. 13,94,580 (Rs. 9,86,580 + Rs. 1,08,000 + Rs. 1,50,000 + Rs. 1,00,000 + Rs. 50,000).

Appeal is allowed and award is enhanced from Rs. 6,59,062 to Rs. 13,94,580 along with interest at the rate of 7.5 per cent per annum from the date of filing of the petition till realization.