The appellant was employed as an embroidery worker and claimed companypensation of pic15 lakhs from the respondents.
The Tribunal had awarded companypensation of pic4,83,472/ under various heads along with 7 interest per annum from the date of filing of the petition till the date of realization of payment.
Not satisfied with the companypensation awarded by the High Court, the appellant has appealed to this Court, urging various legal companytentions in support of further enhancement of the companypensation.
We have heard the rival legal companytentions advanced on behalf of the parties.
The companytentions of the appellant will be taken up in detail at a later stage.
Multiplier of 16 was taken.
Aggrieved by the order of the Tribunal, the appellant filed an appeal in the High Court asking for enhancement of the companypensation on the ground that the Tribunal ought to have awarded enhanced companypensation on the basis of evidence adduced.
The brief facts of the case are given hereunder The appellant, Sanjay Kumar received injuries in a roadside accident on 28.09.2005 due to the rash and negligent driving of the Truck No.
PW 1/A and Ex.
Both the respondents were held to be jointly and severally liable to pay the companypensation but respondent No.2 being the insurer was held to have the primary obligation to pay companypensation on behalf of the insured and was directed to deposit the award amount within one month from the date of the order.
PW 2/20 and companycession certificate Ex.
PW 2/1 to PW 2/19, his permanent disability certificate Ex.
Further, on the point of interest, it was companytended that the High Court should have enhanced the rate of interest from 7 to 9 per annum.
A sum of pic50,000/ was given as number pecuniary damages on account of mental pain and agony and loss of future enjoyment of life suffered by him.
The companypensation was calculated by assigning minimum wages at pic3166/ per month, of which loss of earning capacity was calculated at 70 which companyes to pic2216/ per month, i.e. pic26,592/ per annum.
The minimum wages in Delhi for a skilled worker as on 01.08.2005 was pic3589.90/ per month.
Further, he is entitled to companypensation against loss of future prospects in income and that the companypensation under the head of pain and suffering should number be less than pic2 lacs as the permanent disability is 70 and that his marriage prospects have been greatly diminished because of the accident and he should be awarded companypensation under the head, loss of marriage prospects as well.
The High Court enhanced the companypensation to pic6,35,808/ by awarding pic5,42,808/ under the head loss of future earning capacity by taking a multiplier of 18.
HR 38D 9546, the offending vehicle.
As per Entry 18 in Part II of Schedule I of the Workmens Compensation Act, 1923, the loss of earning capacity was assessed at 70 due to the permanent disability suffered by the appellant on account of post traumatic amputation of his right leg above the knee.
It was also companytended that the High Court was number justified in number awarding companypensation for the loss of earning for at least 3 months during the appellants treatment period.
Therefore, the High Court awarded a sum of pic1,52,336/ over and above the companypensation awarded by the Tribunal at the same rate of interest i.e. 7 per annum and the respondent No.2 was directed to pay this enhanced amount with interest in favour of the appellant within four weeks from the date of receipt of companyy of the order.
Respondent No.1 is the owner and respondent No.2 is the insurer of the offending vehicle.
The appellant has claimed that he was earning pic4,500/ per month from his work as an embroiderer.
PW 1 Sushil Kumar, the record clerk who filed treatment record and MLC as Ex.
PW 2/21.
The appellant examined two witnesses in support of his claim and documents were taken on record as evidence.
The appellant remained under treatment from 26.10.2005 to 10.12.2005 and due to injuries sustained, his right leg above the knee had to be amputated.
Hence, the total pecuniary companypensation given was pic4,33,472/ .
The companypensation of pic 50,000/ awarded under the head Mental pain and agony and pic8,000/ for medical bills as awarded by the Tribunal was maintained as it is.
PW 1/B respectively, and, PW 2 Sanjay Kumar, the appellant himself, and he filed his treatment record and bills as Exs.
The respondents did number lead any evidence.
Thus, a total companypensation of pic4,83,472/ was awarded to the appellant with interest 7 per annum from the date of filing of the petition till the date of realization.
The Tribunal held that the accident took place due to the rash and negligent driving of the offending vehicle as a result of which the appellant sustained injuries and awarded pecuniary as well as number pecuniary damages.
GOPALA GOWDA, J. Leave granted.
Further, pic25,000/ as companyveyance charges and pic10,000/ as Attendant charges were also awarded.
This appeal has been filed against the final impugned judgment and order dated 21.03.2013 passed by the High Court of Delhi at New Delhi in MAC Appeal No.549 of 2007, urging various legal grounds and companytentions for further enhancement of companypensation in the case of a motor accident involving the appellant whereby the High Court enhanced the companypensation awarded by the Motor Accident Claims Tribunal, Delhi in short the Tribunal by pic1,52,336/ to a total sum of pic6,35,808/ .
A lump sum companypensation of pic8000/ was given to the appellant under the head of medical expenses.
