MAC .APP.No.244/2008 Page 1 of 4 23 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 244/2008 Date of Decision: 13th May, 2009 % RAJBIR SHARMA ..... Appellant Through : Mr. Pramod Kumar Sharma, Adv. versus VIRENDER SINGH & ORS ..... Respondents Through : Mr. Pradeep Gaur and Mr. Amit Kumar Pandey, Advs. for R-3. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may be allowed to see the Judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? JUDGMENT (Oral) 1. Mr. S.K. Sood, Manager (RO-1), National Insurance Company Limited is present along with Mr. Pradeep Gaur, Advocate. The respondent/Insurance Company is ready to settle this matter according to the disability certificate issued by LNJP Hospital, New Delhi in pursuance to the order dated 11th February, 2009 of this Court. 2. The accident dated 9th July, 2006 resulted in grievous injuries to the appellant who filed the claim petition before MAC .APP.No.244/2008 Page 2 of 4 the learned Tribunal. The learned Tribunal awarded a sum of Rs.46,100/- to the appellant. However, the appellant could not obtain the disability certificate before the learned Tribunal and, therefore, no amount was awarded towards loss of income due to permanent disability. 3. After the award of the learned Tribunal, the appellant obtained the disability certificate dated 29th November, 2007 from the Chief Medical Officer, Badayun and filed this appeal claiming compensation on account of permanent disability. 4. Vide order dated 11th February, 2009, this Court directed the LNJP Hospital to constitute the board for determining the permanent disability of the appellant in pursuance to which the board was constituted and LNJP Hospital vide certificate dated 26th March, 2009 has certified the permanent disability of the appellant to be 35% in relation to the whole body. The original certificate dated 26th March, 2009 is on record. 5. The learned Tribunal has taken the income of the deceased to be Rs.3,700/- per month according to the minimum wages. The appellant was aged 35 years at the time of the accident and applying the multiplier of 16 and taking 35% of the same, the loss of income due to permanent disability is computed at Rs.2,48,640/- (Rs.3,700 x 12 x 16 x 35%). The learned Tribunal has awarded Rs.20,000/- towards pain and agony which considering the 35% disability is enhanced to Rs.35,000/-. The learned MAC .APP.No.244/2008 Page 3 of 4 Tribunal has not awarded any compensation towards loss of amenities of life which considering the permanent disability is awarded at Rs.35,000/-. The compensation to the appellant is enhanced by Rs.3,00,000/- [Rs.2,48,640 (rounded off to Rs.2,50,000/-) + Rs.15,000 + Rs.35,000] which is acceptable to both the parties. 6. With the consent of the parties, the award of the learned Tribunal is enhanced from Rs.46,100/- to Rs.3,46,100/- along with interest @7.5% per annum from the date of filing of the petition till payment. 7. Respondent No.3 is directed to deposit the enhanced amount along with interest with the learned Tribunal within 30 days. 8. Upon such deposit being made, the learned Tribunal is directed to release as sum of Rs.50,000/- to the appellant and the remaining amount be kept in fixed deposit with a nationalized bank for a period of seven years on which periodical interest be paid to the appellant but no loan, advance or withdrawal be permitted without the permission of the learned Tribunal. 9. This Court records the appreciation for Mr. S.K. Sood, Manager, National Insurance Company Limited and Mr. Pradeep Gaur, Advocate who have effectively assisted this Court to settle this case amicably. MAC .APP.No.244/2008 Page 4 of 4 10. Copy of this order be given ‘Dasti’ to learned counsel for the parties under signatures of Court Master. J.R. MIDHA, J MAY 13, 2009 aj