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2010 Supreme(Raj) 127

2010(1) CCR 616 (Delhi)
(Delhi High Court)
Balwant Singh Vs. Sohan Singh & Ors. (Midha, J.)
HON'BLE J.R. MIDHA, J.
Balwant Singh
Versus
Sohan Singh & Ors.
MAC.APP.No.577 of 2008, decided on 28.01.2010

Advocates Appeared
V.P. Katiyar, for Appellant;
Sudhir Makkar and Ms. Meenakshi Singh, for Respondent No.2;
Mohan Babu Aggarwal & Harkesh Chand Aggarwal, for Respondent No.3

Headnote:Motor Vehicles Act, 1988, Secs. 142, 163-A & 173 — Appeal for enhancement of award amount — Grievous injury matter — 33 years auto driver sustain 80% disability in accident — Compensation claim — Fracture of left side shaft femur—Operation performed and rod inserted in left shaft — Tribunal awarded Rs. 45,727/- for pain and suffering, special diet, conveyance and treatment — Plea of appellant that compensation for loss of income due to permanent disability for loss of amenities of life and disfiguration not awarded — Compensation awarded in other heads is also on lower side — Held — Appellant has suffered 80% disability in respect of left lower limb — However, functional disability and loss of earning capacity should be taken to be 30% — Monthly income of injured assessed Rs. 4,811/- — Multiplier of 16 applied as per age — Loss of income comes to Rs. 2,77,162/- — Rs. 1,25,000/- awarded for loss of amenities of life and disfiguration — Compensation for pain and suffering is enhanced from Rs. 25,000/- to Rs. 75,000/- — Compensation for conveyance is enhanced from Rs. 7000/- to Rs. 20,000/- — Appellant is entitled to total compensation of Rs. 5,10,889/- — Compensation modified accordingly.

       Appeal allowed. (Paras 5 to 9)

       eksVj ;ku vf/kfu;e] 1988] /kkjk;sa 142] 163-d ,oa 173 - vf/kfu.kZ; jkf'k dh vfHko`f) gsrq vihy & xaHkhj pksfVy ekeyk & 33 o"khZ; vkWVks pkyd nq?kZVuk esa 80% fu%'kDr gqvk & izfrdj nkok & tka?k dh cka;h rjQ dh iryh gM~Mh dk vfLFkHkax & 'kY; fØ;k dh xbZ ,oa cka;h gM~Mh esa NM+ izfrLFkkfir dh xbZ & vf/kdj.k us ihM+k ,oa ;kruk] ikSf"Vd vkgkj] ifjogu ,oa bZykt gsrq 45]727@- #i;s vf/kfuf.kZr fd;s & vihykFkhZ dk vfHkokd fd LFkk;h fu%'kDrrk ds dkj.k vk; dh {kfr gsrq] thou dh lqfo/kkvksa dh gkfu ,oa fod`fr gsrq izfrdj vf/kfuf.kZr ugha fd;s x;s & vU; 'kh"kZdksa esa vf/kfuf.kZr izfrdj Hkh fuEu i{k dk gS & vfHkfu/kkZfjr & vihykFkhZ cka;h fupyh tka?k egRoiw.kZ vax ds laca/k esa 80% fu%'kDrrk ls xzflr gS & fdUrq dk;Z laca/kh fu%'kDrrk ,oa miktZu {kerk dh {kfr gsrq 30% fy;k tkuk pkfg, & vkgr dh ekfld vk; 4]811@- #i;s fu/kkZfjr fd;k & vk;q ds vuqlkj 16 dk xq.kd iz;qDr fd;k & vk; dh gkfu 2]77]162@- #i;s vkrh gS & fod`fr ,oa thou dh lqfo/kkvksa dh gkfu gsrq 1]25]000@- #i;s vf/kfuf.kZr fd;s & ihM+k ,oa ;kruk gsrq izfrdj 25]000@- #i;s ls 75]000@- #i;s rd vfHko`f) dh & ifjogu gsrq izfrdj 7]000@- #i;s ls 20]000@- #i;s rd vfHko`f) dh & vihykFkhZ 5]10]899@- #i;s dk dqy izfrdj dk gdnkj gS & rnuqlkj izfrdj mikUrfjr fd;kA ¼in la[;k 5 ls 9½

       vihy Lohdkj dhA

Hon'ble MIDHA, J.—The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.45,727/- has been awar-ded to him. The appellant seeks enhancement of the award amount.

2. The accident dated 7th May, 2003 resulted in grievous injuries to the appellant. The appellant was driving his TSR No.DL-1RD-7971 while going from Safdarjung Hospital to Nizamuddin along with passengers when he was hit by a Honda City car bearing No.DL-6CG-8432. The appellant suffered fracture of shaft femur left side (middle 1/3rd) and was admitted at Khetrapal Hospital, Bali Nagar from 10th May, 2003 to 16th May, 2003 where an operation was performed on 15th May, 2003 and a rod was inserted in the left shaft. The disability of the appellant has been assessed to be 80% in respect of left lower limb. As per disability certificate, it is a case of “Non union femur(L) c implant in setu.”

3. The learned Tribunal has awarded a sum of Rs.25,000/- towards pain and suffering, Rs.10,000/- towards special diet, Rs.7,000/- towards conveyance, Rs.3,727/- towards treatment. The total compensation awarded is Rs.45,727/-.

4. The learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:-

(i) Compensation for loss of income due to permanent disability be awarded.

(ii) Compensation for pain and suffering be enhanced.

(iii) Compensation for loss of amenities of life and disfiguration be awarded.

(iv) Compensation for conveyance and special diet be enhanced.

5. The appellant was aged 33 years at the time of the accident and was doing the job of auto driver earning Rs.5,000/- per month. However, in the absence of any documentary proof, the minimum wages of Rs.3,207.90 per month are taken into consideration. It is well settled by catena of judgments of this Court in the cases of Kanwar Devi vs. Bansal Roadways, 2008 ACJ 2182, National Insurance Company Limited vs. Renu Devi III (2008) ACC 134 and UPSRTC vs. Munni Devi, MAC.APP.No.310/2007 decided on 28.07.2008 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 the minimum wages get doubled over the period of 10 years and increase in minimum wages is not akin to future prospects. Following the aforesaid judgments, the income of the appellant is taken to be Rs.4,811.85 per month [(Rs.3,207.90 + Rs.6,415.80)/2]. The appellant has suffered 80% disability in respect of left lower limb. However, the functional disability and loss of earning capacity is taken to be 30%. Taking the income of the deceased to be Rs.4,811.85 per month, applying the multiplier of 16 and taking 30% thereof, the loss of income is computed to be Rs.2,77,162/- (Rs.4,811.85 x 12 x 16) x 30%].

6. The learned Tribunal has awarded Rs.25,000/- towards com-pensation for pain and suffering which is on a lower side. The learned counsel refers to and relies upon the judgment of the Hon'ble Supreme Court in the case of Oriental Insurance Co. Ltd. vs. Vijay Kumar Mittal (2008) ACJ 1300, where this Court examined all the previous judgments with respect to the non-pecuniary compensation awarded in the cases of permanent disability and held that the Courts have been awarding about Rs.3,00,000/- under the heads of non-pecuniary damages for amputation of leg with permanent disability of 50% and above. The findings of this Court are reproduced hereinunder:-

“17. From the aforenoted judicial decisions, a trend which emerges is that between the years 1985 and 1990, the courts have been awarding about Rs.3,00,000/- under the head "non-pecuniary damages" for amputation of leg resulting in permanent disability of 50 per cent and above.”

7. Following the aforesaid judgment, the compensation for pain and suffering is enhanced from Rs.25,000/- to Rs.75,000/-. Rs.75,000/- is awarded towards loss of amenities of life and Rs.50,000/- is awarded towards disfiguration.

8. The learned Tribunal has awarded Rs.7,000/- towar































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