IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:
24. h October, 2016 $~2 * % + MAC.APP. 592/2016 MASTER AJEET KUMAR DAS Through: Mr.S.N. Parashar, Advocate ..... Appellant Versus BRAHM SINGH & ORS. (UNITED INDIA INSURANCE CO. LTD. Through: Mr.Sameer Nandwani, Advocate for Respondent no.3. ..... Respondent CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The appellant has challenged the award of the Claims Tribunal 1. whereby compensation of Rs.5,33,900/- has been awarded to the appellant. The appellant is seeking the enhancement of the award amount. The accident dated 30th October, 2014 resulted in 90% disability 2. to the appellant. The appellant is present in Court and his disability has been seen. The appellant cannot even wear and take off his cloths on his own and is dependent on his family even for the basic necessities. The injuries suffered by the appellant cannot be expressed in words and therefore, this Court has taken the photograph of the appellant which is reproduced hereunder: MAC. APP.592/2016 Page 1 of 4 3. The appellant was 11 years old at the time of the accident and was studying in class 6th standard. However, he discontinued his education and is not able to lead a normal life.
4. The Claims Tribunal has taken the functional disability of the appellant as 45% which is on a lower side. Seeing the condition of the appellant, this Court is of the view that the functional disability of the appellant is 90%.
5. The Claims Tribunal has gravely erred in not awarding any compensation towards loss of earning capacity. Since the appellant is unable to lead a normal life and his functional disability has been taken as 90%, this Court is of the view that the appellant has to be financially protected in such a manner that the award amount kept in fixed deposit should earn an interest of at least Rs.10,000/- for his entire life. MAC. APP.592/2016 Page 2 of 4 In the facts and circumstances of this case, the loss of earning 6. capacity of the appellant is assessed at Rs.10 lakhs on the basis that the total enhanced award amount would be Rs.15,33,900/- out of which Rs.14 lakhs shall be kept in fixed deposit and the interest thereon should be sufficient for the appellant to sustain himself.
7. The appeal is allowed and the award amount is enhanced from Rs.5,33,900/- to Rs.15,33,900/- along with interest @ 9% per annum from the date of institution of the claim petition i.e. 1st December, 2014 till realization.
8. The enhanced award amount be deposited by respondent no.3 with State Bank of India, Saket Court Branch by means of a cheque drawn in the name of State Bank of India A/c Master Ajeet Kumar Das.
9. Upon the aforesaid deposit being made, State Bank of India shall keep the said amount in fixed deposit in its own name till further order by this Court so that the amount starts earning interest from the date of the clearance of the cheque.
10. The respondent no.3 shall file the affidavit of compliance of this order within one week of the deposit. The affidavit shall contain the computation of the interest on the award amount upto the date of deposit. The respondent no.3 shall send the copy of the affidavit to the appellant.
11. the enhanced award amount.
12. at 2.30 pm. List for directions as a part heard matter on 7th December, 2016 The order of disbursement shall be passed after the deposit of MAC. APP.592/2016 Page 3 of 4 13. Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master. OCTOBER24 2016 dk J.R. MIDHA, J.
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