Court No. - 27
Case :- FIRST APPEAL FROM ORDER No.2379 of 2004 Appellant :- Prem Singh Respondent :- Smt. Usha Shukla & Ors. Counsel for Appellant :- Ram Singh Counsel for Respondent :- V,C,Dixit
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. I have heard Sri Ram Singh for the claimant as the only dispute which arises is regarding the compensation awarded.
2. I have perused the entire record. The amount awarded to a person, who was 36 years of age, was in government service and whose income was Rs.4,000/- per year, who had amputation of upper arm and right leg below the knee. Unfortunately, during the pendency of appeal, the original claimant has passed away. The legal heirs have been substituted.
3. Sri V.C. Dixit has submitted that there was no functional disability as he was serving. In the case of A.S. Sharma Vs. Union of India, 1995 ACJ 493, it has been held that permanent disability and damages are a sum of money given as compensation for loss or harm of any kind. In view of A.S. Sharma (supra), the amount which will have to be paid, would be a lump sum amount of Rs.50,000/- for pain shock suffering from amputation.
4. In view of recent judgment of the Apex Court in Sandeep Khanuja Vs. Atul Dande, 2017 (3) SCC 351, a sum of Rs.50,000/- plus Rs.25,000/- additional amount is required to be paid with 9% rate of interest.
5. The appeal is partly allowed.
Order Date :- 28.2.2018 Irshad