MAC.APP.No.174/2010 Page 1 of 6 54 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No.174/2010 Date of Decision: 26th March, 2010 % REGIONAL MANAGER UPSRTC ..... Appellant Through Mr. Aarohi Bhalla, Adv. versus SURAJ THR GUARDIAN ..... Respondent Through Mr. S.L. Gupta, amicus curiae. Mr. Piyush Singh, Adv. for Mr. Vikas Pahwa, Additional Standing Counsel for Delhi Police. Mr. Gurvinder Singh, ASI. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may YES be allowed to see the Judgment? 2. To be referred to the Reporter or not? YES 3. Whether the judgment should be YES reported in the Digest? JUDGMENT (Oral) 1. The respondent has been produced before this Court by Gurvinder Singh, ASI, P.S. Welcome Colony. 2. The respondent is aged 14 years and is accompanied by his father. The respondent was aged about 7 years at the time of accident on 15th August, 2003. He was a student of 3rd standard at the time of accident. The respondent was crossing the road when he was hit by bus No.UP-14-G-9607, resulting in fracture of bone above knee and injuries on his MAC.APP.No.174/2010 Page 2 of 6 abdomen and tongue. The left leg was put under plaster and stitches were given on the stomach and tongue. 17 stitches were given on the stomach. The respondent remained admitted in the hospital for 25 days and his treatment continued for 6-7 months. 3. The Claims Tribunal has awarded Rs.4,000/- towards medical expenses, Rs.2,000 towards conveyance, Rs.2,000/- towards special diet, Rs.5,000/- towards loss of education and Rs.30,000/-towards metal pain and agony. The total compensation awarded is Rs.43,000/-. 4. The injuries of the respondent have been seen in the Court today. Considering the injuries suffered by the respondent, the amount awarded by the Claims Tribunal is inadequate. The Claims Tribunal has also not awarded any compensation for loss of amenities of life and disfiguration. 5. The respondent belongs to the lowest strata of society and his father is a vegetable vender and selling vegetables on a cart. The respondent’s father stays in a rented house on a rent of Rs.1,000/- per month. The income of the respondent’s father is equivalent to the minimum wages. 6. The award for Rs.43,000/- was passed by the Claims Tribunal on 20th July, 2005. Despite a lapse of more than 4 years, because of poverty and illiteracy, the respondent could not execute the award. 7. Considering the facts and circumstances of this case, the award warrants enhancement by at least Rs.25,000/-. MAC.APP.No.174/2010 Page 3 of 6 However, in order to save the respondent from any delay due to further litigation, it is suggested by the learned amicus curiae and the counsel for Delhi Police that the statutory amount of Rs.25,000/- deposited by the appellant along with this appeal be released to the respondent as a cost on the appellant for delaying the payment of the award amount to the respondent and for filing this appeal which is not warranted in the facts and circumstances of this case. 8. The learned counsel for the appellant is not averse to such a course of action in order to do complete justice in this matter. 9. In the facts and circumstances of this case, the appeal is dismissed with cost of Rs.25,000/-. 10. The appellant has today handed over cheque No.151598 of Rs.56,703/-, dated 25th March, 2010 drawn in the name of the respondent to the respondent’s father in Court. Let the said cheque be deposited with UCO Bank, Delhi High Court Branch. UCO Bank shall release a sum of Rs.16,703/- to the respondent through his father by transferring the same to their savings bank account. The remaining amount of Rs.40,000/- be kept in the fixed deposit in the name of the respondent, in the following manner:- (i) Fixed deposit of Rs.10,000/- for a period of one year. (ii) Fixed deposit of Rs.10,000/- for a period of two years. MAC.APP.No.174/2010 Page 4 of 6 (iii) Fixed deposit of Rs.10,000/- for a period of three year. (iv) Fixed deposit of Rs.10,000/- for a period of four years. 11. The cost of Rs.25,000/- imposed upon the appellant be recovered from the statutory amount deposited along with this appeal. The Registrar General is directed to transfer/remit Rs.25,000/- deposited by the appellant along with this appeal to the UCO Bank A/c Suraj, Delhi High Court Branch, within two weeks. Upon receipt of the said amount, UCO Bank is directed to keep the said amount of Rs.25,000/- in fixed deposit for five years. 12. The interest on all the aforesaid five fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of respondent operated by his father. 13. Withdrawal from the aforesaid account shall be permitted to the respondent’s father after due verification and the Bank shall issue photo Identity Card the respondent to facilitate identity. 14. No cheque book be issued to the respondent without the permission of this Court. 15. The Bank shall issue Fixed Deposit Pass Book instead of the FDRs to the respondent and the maturity amount of the FDRs be automatically credited to the Saving Bank Account of the beneficiary at the end of the FDR. MAC.APP.No.174/2010 Page 5 of 6 16. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court. 17. Half yearly statement of account be filed by the Bank in this Court. 18. On the request of the respondent, the Bank shall transfer the Savings Account to any other branch according to the convenience of the respondent. 19. The respondent shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi. 20. Copy of this order be also sent to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) through the UCO Bank, High Court Branch under the signature of Court Master. 21. All pending CMs stand disposed of. 22. This Court appreciates the efforts made by Gurvinder Singh, ASI, P.S. Welcome who on the request made by this Court yesterday, produced the respondent due to which this Court has been able to do complete justice in this matter. 23. This Court also appreciates assistance rendered by Mr. S.L. Gupta, amicus curiae, Mr. Piyush Singh, Advocate for Delhi Police and Mr. Aarohi Bhalla, counsel for the appellant who have all rendered positive assistance to this Court. MAC.APP.No.174/2010 Page 6 of 6 24. Copy of this order be given ‘Dasti’ to learned counsel for the appellant, respondent, learned amicus curiae as well as counsel for Delhi Police, under signatures of Court Master. J.R. MIDHA, J MARCH 26, 2010 HL