Raj Rani Verma vs Brahm Singh and Others

Suresh Kait, J.—The present appeal is preferred against the impugned award dated 01.03.2012, whereby the learned Tribunal has granted compensation of Rs. 4,41,358/- with interest at the rate of 7.5 per cent per annum from the date of filing the claim petition till realization. Vide the present appeal, the appellant is seeking enhancement of the compensation amount as noted above.

The appellant met with an accident occurred on 18.10.2008 and remained admitted in DDU hospital till 27.10.2008. Thereafter, she was referred to Sir Ganga Ram Hospital and remained admitted there till 19.11.2008. She was further referred to the Central Hospital, Northern Railway and remained admitted upto 26.03.2009. Thus, she remained hospitalized continuously for about five months.

Learned counsel appearing on behalf of the appellant has submitted that the appellant received injures such as degloving injury left shoulder with large CLW with fracture subtrochanter with fracture bimalleolar left with 1st MT and 2 MT with fracture mandible. The said injuries have been proved by the discharge summary Ex. PW1/1 issued by DDU Hospital.

Learned counsel further submitted that thereafter she was again admitted in the Central Hospital on 30.05.2009 and remained till 30.06.2009, which has been proved vide Ex. PW4/1.

He submitted that keeping in view the injuries received by the appellant and the period for which she remained hospitalized, i.e., for about six months, the compensation of Rs. 25,000/- towards pain and sufferings, Rs. 5,000/- for conveyance and special diet, and Rs. 25,000/- for loss of services to family, which has been granted by the learned Tribunal is on lower side.

Learned counsel also argued that the appellant has suffered 17% permanent disability in relation to left upper limb and left lower limb, despite that the learned Tribunal has awarded only Rs. 40,000/- on account of disability.

On the other hand, learned counsel appearing on behalf of the respondent No. 3/Insurance Company has submitted that the compensation of Rs. 25,000/- granted on account of pain and sufferings is just and proper. However, he fairly conceded that some amount may be enhanced towards conveyance and special diet and loss of services to the family.

He further submitted that the appellant remained hospitalized for about five months, however, the treatment received for the period from 30.05.2009 to 30.06.2009 as an indoor patient was not qua the injuries received by her in the accident in question. Therefore, the said period may not be considered while adjudicating the instant appeal.

Keeping in view the injuries noted above and the period for which the appellant was remained admitted in the hospital, I am of the view that she was not able to work and give any services to her family for another six months. Therefore, keeping in mind the mental agony and pain suffered by the appellant, I am of the view that the learned Tribunal has granted a lesser compensation, i.e., Rs. 25,000/- towards pain and sufferings.

Accordingly, I enhance the same from Rs. 25,000/- to Rs. 50,000/-.

Admittedly, the appellant remained admitted in the hospital for about five months continuously. Therefore, keeping in view the nature of the injuries received by her, the family of the injured might have spent more amounts on account of conveyance and diet. Therefore, I enhance the compensation for conveyance and special diet from Rs. 5,000/- to Rs. 25,000/-.

Admittedly, the injured could not provide any service to the family for more than an year, therefore, I enhance the compensation towards loss of services to family from Rs. 25,000/- to Rs. 50,000/-.

I note, the learned Tribunal has lost sight and not granted any compensation towards attendant charges and for loss of amenities.

For just and fair compensation, I grant Rs. 25,000/- each on both the heads mentioned above.

Consequently, the compensation amount comes as under:-

Resultantly, the enhanced compensation amount comes to Rs. 1,20,000/- (Rs. 5,61,358-Rs. 4,41,358).

Appellant/claimant is entitled for the enhanced amount along with 7.5% interest per annum from the date of filing of the claim petition till realization.

The respondent No. 3/Insurance Company is directed to deposit the enhanced compensation amount along with interest with the Registrar General of this Court within a period of five weeks from today, failing which, appellant/claimant shall be entitled for penal interest @ 12% per annum on account of delayed payment.

On deposit, the Registrar General is directed to release the amount in favour of the appellant/claimant on taking necessary steps by her. In view of the above, the appeal is allowed.