Ved Pal vs Kuldeep Singh and Others

J.R. Midha

The appellant is present in Court along with his counsel. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs. 4,66,894/- has been awarded to him. The appellant seeks enhancement of the award amount. The accident dated 6th July, 2002 resulted in grievous injuries to the appellant. The appellant was riding on his motorcycle bearing No.UP-17 9120 when he was hit by bus No.DL-1PB 0229 from behind. The left thigh of the appellant was crushed under the bus and, therefore, his left thigh was amputated. The appellant also suffered multiple fractures on right leg and multiple grievous injuries on all parts of the body with abrasions. The permanent disability of the appellant was assessed to be more than 40% vide permanent disability certificate, Ex.PW1/4. The Claims Tribunal took the loss of earning capacity to be 40% and awarded Rs. 2,54,448/- towards loss of income due to permanent disability. The Claims Tribunal awarded Rs. 43,282/- towards medical expenditure, Rs. 10,400/- towards loss of conveyance, Rs. 5,000/- towards special diet, Rs. 20,000/- towards loss of amenities of life and Rs. 10,000/- towards pain and agony, Rs. 43,764/- towards loss of earning during period of treatment and Rs. 50,000/- for permanent disability. The total compensation awarded was Rs. 4,66,894/-.

The learned counsel for the appellant submits that the loss of earning capacity of the appellant is 100% as the appellant is unable to do any work. The learned counsel further submits that the appellant has become impotent due to the accident. The learned counsel further submits that the disability certificate, Ex.PW1/4 does not specifically mention the extent of permanent disability. He further submits that the percentage of loss of earning capacity for amputation at hip is 90% as per Entry 16 of Schedule I, Part II of the Workmen''s Compensation Act, 1923. Entry 16 of Schedule I Part II of the Workmen''s Compensation Act, 1923 is reproduced hereunder:-

S.No.

Description of Injury

Percentage of loss of earning capacity

16.

Amputation at hip

90%

It is submitted that the appellant may be referred to the medical board to reassess the permanent disability resulting to amputation at hip as well as impotency. It is further submitted that the appellant has undergone three surgeries out of which one surgery has taken place after the award and, therefore, the appellant be permitted to lead additional evidence with respect to the surgeries underwent and treatment taken by him.

In exercise of power under Order XLI Rule 27(1)(b) of the Code of Civil Procedure, this Court considers the additional evidence to be necessary to do the complete justice in this matter. The appellant is, therefore permitted to lead additional evidence. This Court also considers it necessary that the appellant be examined by the Board of medical experts to reassess the permanent disability resulting to amputation at hip as well as impotency.

The Medical Superintendent of Lok Nayak Jai Prakash Narayan Hospital is directed to constitute a medical board for re-assessment of the permanent disability of the appellant. The Board shall also assess the effect of the permanent disability on the earning capacity of the appellant. The Board be constituted within a period of four weeks and the date of examination of the appellant be intimated to him at the following address:-

Ved Pal

House No. 305/4, Gali No. 3,

Phase - 10, Shiv Vihar, Delhi

The appellant is directed to submit the relevant documents to the Medical Superintendent, LNJP Hospital, Delhi within a period of four weeks. The report be submitted to this Court within a period of four weeks of appellant''s examination. Simultaneously a copy of the report be sent to the appellant.

The appellant is permitted to file additional evidence by way of affidavit within a period of three weeks of receiving the copy of the disability certificate from the hospital. The appellant shall furnish the copy of the disability certificate to the respondent''s counsel along with evidence by way of affidavit.

List for recording of the additional evidence and cross-examination of the appellant''s witnesses before the Joint Registrar on 8th August, 2012.

List this matter before Court on 31st August, 2012 in the category of After Notice Miscellaneous Matters. Copy of this order be sent to the Medical Superintendent, LNJP Hospital. Copy of this order be given dasti to learned counsel for the appellant who may also send the same to Medical Superintendent, LNJP Hospital.