LAWS(DLH)-2009-8-419

SUDESH MARWAH Vs. VIRPAL AND ORS.

Decided On August 25, 2009
Sudesh Marwah Appellant
V/S
Virpal And Ors. Respondents

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 25,000/ - has been awarded to the appellant. The appellant seeks enhancement of the award amount.

(2.) THE accident dated 21st May, 1982 resulted in grievous injuries to the appellant. The appellant suffered compound fracture of pelvis and multiple injuries including growing and haematoma left thigh. The appellant remained hospitalized for about one month and was bed ridden for 1 -1/2 years. The appellant was carrying on the tailoring work and earning Rs. 800/ - per month. She could not carry out the tailoring work for about 1 -1/2 years. The learned Tribunal awarded Rs. 3,000/ - towards the loss of income by taking the income of the appellant to be Rs. 500/ - for a period of six months. Rs. 2,000/ - has been awarded towards the expenditure of medicines and conveyance and Rs. 20,000/ - has been awarded on account of pain and suffering. The total compensation awarded is Rs. 25,000/ -.

(3.) THE appeal is allowed and the award amount is enhanced from Rs. 25,000/ - to Rs. 62,000/ -. The learned Tribunal has awarded interest at the rate of 9% per annum which is not disturbed on the original award amount of Rs. 25,000/ -. However, on the enhanced award amount, the rate of interest shall be 7.5% per annum from the date of filing of the petition till deposit.