Kuldeep @ Shiv Kumar vs Pawan Kumar and Others

J.R. Midha, J.—The appellant is present along with his counsel, Mr. Diwan Singh Chauhan.

Mr. Naresh Wadhawan, Assistant Manager, National Insurance Co. Ltd., D.R.O. � II is present along with Mr. Pradeep Gaur, Advocate.

The appellant has suffered 20% disability as per the disability certificate dated 21st October, 2008 which is Annexure-B to the appeal. The appellant has suffered Post-Traumatic United Fracture R Tibia with ankle stiffness with permanent disability of 20% in relation to the right lower limb. However, the learned Tribunal has not awarded any compensation due to the permanent disability because the disability certificate was issued to the appellant after the award of the learned Tribunal.

As per the award, the income of the appellant has been taken to be Rs. 3,000/- per month according to the minimum wages. The appellant was aged 36 years at the time of the accident and applying the multiplier of 15 and treating the permanent disability of the appellant to be 10% in respect of the whole body, the loss of income of the appellant due to the permanent disability is computed to be Rs. 54,000/- (10% of Rs. 3,000/- x 12 x 15). The learned Tribunal has not awarded any compensation for loss of amenities of life. The appellant has undergone four surgeries and, therefore, loss of amenities is computed to be Rs. 25,000/-. The appellant is also entitled to the interest on the aforesaid amount of Rs. 79,000/- (Rs. 54,000 + Rs. 25,000).

Considering the facts and circumstances of this case, respondent No. 3 is ready to settle this case for Rs. 1,00,000/- in full and final settlement of all the claims of the appellant including the interest.

The appellant accepts the full and final settlement for Rs. 1,00,000/-.

The settlement between the parties is lawful and in accordance with law and the settlement is, therefore, accepted. This Court appreciates the effective assistance of Mr. Pradeep Gaur, Advocate in resolving this case.

The appeal is allowed in terms of the above settlement. Respondent No. 3 shall pay a sum of Rs. 1,00,000/- to the appellant in full and final settlement within 30 days. Out of the settlement amount of Rs. 1,00,000/-, Rs. 50,000/- shall be immediately released to the appellant and the remaining Rs. 50,000/- shall remain in fixed deposit for a period of five years.

Respondent No. 3 shall make the payment of the settlement amount by means of two cheques, one cheque for Rs. 50,000/- in the name of the appellant and the second cheque for Rs. 50,000/-in the name of State Bank of India A/c Kuldeep @ Shiv Kumar. State Bank of India shall keep Rs. 50,000/- in fixed deposit in the name of the appellant for a period of five years on which periodical interest be paid to the appellant but no loan, advance or withdrawal is permitted without the permission of this Court.

The appeal stands disposed of.

List for compliance on 1st September, 2009.

Copy of this order be given ''Dasti'' to learned Counsel for the parties under the signature of Court Master. Copy of the order be also sent to the Mr. H.S. Rawat, Relationship Manager, State Bank of India, Tis Hazari Branch, Tis Hazari, Delhi-110054 (Mobile No. 9717044322) for issuance of fixed deposit to the appellant.