w w w . L a w y e r S e r v i c e s . i n



Nisar Ahmad v/s Rajendra Kumar Soni & Others


Company & Directors' Information:- RAJENDRA LIMITED [Strike Off] CIN = U99999KA1943PLC000306

Company & Directors' Information:- RAJENDRA KUMAR AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U74920RJ1996PTC011712

Company & Directors' Information:- RAJENDRA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U17219TZ1948PTC000161

    MAC.APP. No. 493 of 2017

    Decided On, 11 February 2020

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE J.R. MIDHA

    For the Appellant: S.N. Parashar, Advocate. For the Respondents: R1, Rajeev M. Roy, P. Srinivasan, Advocates.



Judgment Text


Judgment (Oral)

1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs. 4,06,935/- has been awarded to the appellant. The appellant seeks enhancement of the award amount.

2. The accident dated 02nd June, 2013 resulted in fracture of both bones of right leg. The appellant remain hospitalized from 02 nd June, 2013 to 27th June, 2013, 29th June, 2013 to 08th July, 2013 and 13th July, 2013 to 08th August, 2013. The appellant suffered permanent disability of 24% relating to right lower limb.

3. The Claims Tribunal awarded Rs. 46,332/- towards loss of income, Rs. 1,55,676/- towards loss of future income due to permanent disability, Rs. 15,000/- towards salary of attendant, Rs. 5,000/- towards special diet, Rs. 5,000/- towards conveyance, Rs. 1,19,927/- towards medical bills, Rs. 40,000/- towards pain and suffering, Rs. 10,000/- towards loss of amenities of life and Rs. 10,000/- towards disfiguration. Total compensation awarded is Rs. 4,06,935/-.

4. Learned Counsel for the appellant urged at the time of the hearing that the future prospects of 25% have not been taken into consideration for computing the loss of earning capacity of the appellant. It is further submitted that the compensation for pain and suffering, loss of amenities and disfiguration has been awarded on a lower side.

5. Learned Counsel for respondent No. 2 submits that the compensation awarded by the Claims Tribunal is fair and reasonable and does not warrant any interference.

6. There is merit in the contentions urged by learned Counsel for the appellant. The appellant is entitled to addition of 25% towards future prospects for computation of the loss of earning capacity. The loss of earning capacity of the appellant with the addition of 25% towards future prospects is enhanced by Rs. 40,000/-. The compensation for loss of amenities of life is enhanced from Rs. 10,000/- to Rs. 40,000/- and the compensation for disfiguration is enhanced from Rs. 10,000/- to Rs. 40,000/-. The appellant is entitled to total compensation of Rs. 5,06,000/- (Rs.5,05,8534 rounded off).

7. The appellant present in Court along with his Counsel is satisfied with the enhancement of Rs. 1 lakh by this Court.

8. The appeal is allowed and the award amount is enhanced from Rs. 4,06,935/- to Rs. 5,06,000/- along with interest @ 9% per annum from the date of the institution.

9. Respondent No. 2 is directed to deposit the enhanced award amount with the Registrar General of this Court within four weeks.

10. Upon deposit of the enhanced award amount, respondent No. 2 shall be entitled to recover the same from respondent No. 1 in terms of the award of the Claims Tribunal.

11. List for disbursement of the enhanced award amount as a part heard matter on 27th March, 2020.

12. The appellant shall remain present in Court on the next date of hearing along with the passbook of his savings bank account near the place of his residence as well as PAN card and Aadhaar card. The appellant shall produce the copy of this judgment to the concerned bank, whereupon the bank shall make an endorsement on the passbook of the appellant that no cheque book and/or debit card shall be issued to the appellant without the permission of this Court. However, the concerned bank shall permit the appellant

Please Login To View The Full Judgment!

to withdraw money from his savings bank accounts by means of a withdrawal form. The appellant shall produce the original passbook of his individual savings bank account with the necessary endorsement on the next date of hearing. 13. Copy of this judgment be given dasti to Counsel for the parties under the signature of the Court Master. Appeal allowed.
O R







Judgements of Similar Parties

31-08-2020 Rajendra Singh Versus Union of India & Others High Court of Delhi
24-08-2020 M/s. Govindhji Jewat & Co., Represented by its Partner Rajendra Kone & Others Versus M/s. Rukmani Mills Ltd., Represented by its Board of Directors, Madurai & Others Before the Madurai Bench of Madras High Court
11-08-2020 Atalbiharikumar Rajendra Mandal Versus State of Gujarat High Court of Gujarat At Ahmedabad
23-07-2020 Bajaj Allianz General Insurance Co. Ltd., through its Authorized signatory, Pravin Prabhakar Prabhu Versus Kameshwari Rajendra Sabnis & Others In the High Court of Bombay at Goa
30-06-2020 Union Bank of India, Through Shri R. Rajendra Prasad, Branch Manager, Raichur Versus M/s. Tirumala Enterprises, Raichur National Consumer Disputes Redressal Commission NCDRC
18-06-2020 Rajendra Singh & Others Versus National Insurance Company Limited & Others Supreme Court of India
26-05-2020 Rajendra Kumar & Others Versus Raj Kumar High Court of Judicature at Allahabad
19-05-2020 Transport Manager, Thane Municipal Transport Undertaking Versus Rajendra Visanji Thakkar & Another High Court of Judicature at Bombay
14-05-2020 Rajendra Kumar Chandrol Versus High Court of Madhya Pradesh
21-04-2020 Babu Rajendra Versus Basalingappa & Others High Court of Karnataka Circuit Bench OF Kalaburagi
18-03-2020 State of M.P. & Others Versus Rajendra Kumar Sharma High Court of Madhya Pradesh Bench at Gwailor
18-03-2020 Ritesh Rajendra Thakur Versus State of Maharashtra Through its Secretary, Tribal Development Department & Another High Court of Judicature at Bombay
17-03-2020 Rajendra & Others Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
16-03-2020 Satish Kumar Khandelwal V/S Rajendra Jain & Others High Court of Madhya Pradesh Bench at Indore
12-03-2020 Rajendra & Others Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
24-02-2020 Manaj Tollway Private Limited Versus Rajendra Rahane Superintending Engineer & Others High Court of Judicature at Bombay
19-02-2020 Rajendra K. Bhutta Versus Maharashtra Housing and Area Development Authority & Another Supreme Court of India
13-02-2020 Life Insurance Corporation of India Through Its Zonal Manager, Life Insurance Corporation Of India, New Delhi Versus Rajendra Sudamrao Shinde & Another National Consumer Disputes Redressal Commission NCDRC
10-02-2020 Rajendra Versus Jugalkishor & Others In the High Court of Bombay at Nagpur
17-01-2020 Rajendra Mishra Versus State of Bihar & Others High Court of Judicature at Patna
17-01-2020 Rajendra Saxena & Another Versus Sharda Ratnam & Another High Court of Judicature at Bombay
17-01-2020 Sanjiv Rajendra Bhatt Thro Shweta Sanjiv Bhatt Versus State of Rajasthan High Court of Gujarat At Ahmedabad
16-01-2020 Rajendra Kumar Verma & Another Versus Dolly Rani Bag & Others National Consumer Disputes Redressal Commission NCDRC
10-01-2020 Harendra Ramchandra Pathak Versus Rajendra Ratan Mhatre High Court of Judicature at Bombay
06-01-2020 Dr. N. Rajendra Prasad & Others Versus Lingampally Srinivas & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
06-01-2020 Rajendra Kumar Khera & Others Versus U.P. Awas Vikas Parishad & Another National Consumer Disputes Redressal Commission NCDRC
26-12-2019 Rajendra Manohar Kowli & Another Versus Bank of India Debts Recovery Appellate Tribunal At Mumbai
26-12-2019 Rajendra Girdhar Patel Versus State Of Gujarat & Others High Court of Gujarat At Ahmedabad
10-12-2019 Rajendra Diwan Versus Pradeep Kumar Ranibala & Another Supreme Court of India
03-12-2019 Rajendra Singh Tomar & Others Versus State of Uttarakhand Through Secretary & Others Supreme Court of India
02-12-2019 Sathi Khurana Versus Rajendra Singh Khurana High Court of Judicature at Calcutta
02-12-2019 Ajit Rajendra Bhagwat & Others Versus The State of Maharashtra, Through its Secretary, Higher and Technical Education Mantralaya & Others High Court of Judicature at Bombay
28-11-2019 Balasaheb Govind Basugade Versus Rajendra Shivaji Kumthekar & Others High Court of Judicature at Bombay
20-11-2019 Jaihind Sahakari Pani Purvatha Mandali Ltd. Shirdhon, Kolhapur Versus Rajendra Bandu Khot & Others High Court of Judicature at Bombay
02-11-2019 Rajendra Prasad Versus Sikkim University & Others High Court of Sikkim
25-10-2019 K. Rajendra Prasad & Others Versus State of Andhra Pradesh & Others High Court of Andhra Pradesh
18-10-2019 Rajendra Agrawal Versus State of Bihar & Others High Court of Judicature at Patna
11-10-2019 New India Assurance Co. Ltd. Versus Rajendra Kumar & Another Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
25-09-2019 Kalpana Rajendra Kothari & Others Versus Santosh Arvind Jangam & Another In the High Court of Bombay at Aurangabad
11-09-2019 Krushna Shivaji Patil Versus Parmanand Rajendra Patil & Another In the High Court of Bombay at Aurangabad
05-09-2019 M/s. Sugesan Transport Pvt. Ltd., Rep. by its Director, Kanthibai Rajendra Sheth Versus M/s. E.C. Bose & Company Private Limited, Kolkata & Others High Court of Judicature at Madras
03-09-2019 Raju @ Rajendra Versus State of U.P. High Court of Judicature at Allahabad
16-08-2019 Rajendra Mahadeorao Chaudhary Versus Gajanan Keshavrao Bore In the High Court of Bombay at Nagpur
06-08-2019 Rajendra Kumar Goyal & Another Versus South City Project (Kolkata) Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
06-08-2019 Rajendra Pandit Versus Union of India, Through the Secretary Ministry of Communication, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
05-08-2019 Rajendra Versus The State of Maharashtra & Others In the High Court of Bombay at Aurangabad
30-07-2019 N. Rajendra Reddy Versus The Block Development Officer, Sholingur Panchayat Union, Vellore District & Others High Court of Judicature at Madras
29-07-2019 Rajendra Versus Gopinath In the High Court of Bombay at Aurangabad
29-07-2019 Rajendra Versus Vikas & Others In the High Court of Bombay at Aurangabad
26-07-2019 Rajendra Agarwal & Others Versus State of U.P. & Another High Court Of Judicature At Allahabad Lucknow Bench
22-07-2019 Rajendra Prasad Sharma Versus M/s. Hartin Harris Ltd. High Court of Judicature at Calcutta
18-07-2019 Sujan Bhabani Prasad Chatterjee & Another Versus Rajendra Kumar Singh & Another High Court of Judicature at Bombay
08-07-2019 C. Rajendra Prasad Versus The Tamil Nadu State Legal Services Authority, Rep. by its Member Secretary, Chennai & Others High Court of Judicature at Madras
05-07-2019 Rajendra Versus The State of Maharashtra Through its Secretary, Tribal Development & Others In the High Court of Bombay at Aurangabad
04-07-2019 Rajendra Kumar through Nisar Mohammad Versus The State of Madhya Pradesh High Court of Madhya Pradesh
01-07-2019 Rajendra Shivsing Chanda & Others Versus Additional Commissioner, Amravati Division & Others In the High Court of Bombay at Nagpur
17-06-2019 Rajendra Kumar Versus The State of Bihar & Others High Court of Judicature at Patna
30-04-2019 Siddesh Tours and Travels (Prop.Shri Rajendra Ramdas Yerandekar) Versus The Commissioner of Service Tax Mumbai VII Commissionerate High Court of Judicature at Bombay
23-04-2019 Dr. P. Rajendra Prasad Versus The State of Telangana, rep by its Special Chief Secretary, Health, Medical & Family Welfare Department & Others High Court of for the State of Telangana
18-04-2019 Sant Kejaji Maharaj Smruti & Another Versus Rajendra Deoraoji Raut & Others In the High Court of Bombay at Nagpur
15-04-2019 Rajendra Singh & Others Versus State of Madhya Pradesh High Court of Madhya Pradesh Bench at Gwailor
09-04-2019 Raju @ Rajendra Dashrath Khaire & Another Versus The State of Maharashtra & Another In the High Court of Bombay at Aurangabad
29-03-2019 Rajendra Versus State of Maharashtra & Another In the High Court of Bombay at Nagpur
28-03-2019 Rajendra Kumar Goyal Versus The State of West Bengal & Others High Court of Judicature at Calcutta
26-03-2019 Rajendra R. Vishwakarma Versus The State of Maharashtra High Court of Judicature at Bombay
13-03-2019 Rajendra Vitthal Bahirat & Another Versus Prakash Ramchandra Girame High Court of Judicature at Bombay
28-02-2019 Rajendra Chawla & Others Versus Chandra Prakash Chabda & Others High Court of Chhattisgarh
15-02-2019 National Federation of Fishers Cooperatives Ltd., Through its Managing Director & Another Versus Rajendra Singh & Others High Court of Delhi
12-02-2019 Rajendra Singh Negi Versus State of Uttarakhand & Others High Court of Uttarakhand
12-02-2019 Hiteshkumar Rameshbhai Patel Versus Rajendra Mataprasad Yadav High Court of Gujarat At Ahmedabad
12-02-2019 Ashruba Dhondiba Gade Versus Rajendra Shankar Sut & Others In the High Court of Bombay at Aurangabad
31-01-2019 Rajendra Lalitkumar Agrawal Versus Ratna Ashok Muranjan & Another Supreme Court of India
24-01-2019 Rajendra Sharma Versus State of Rajasthan Through PP. High Court of Rajasthan Jaipur Bench
23-01-2019 Rajendra Sharma Versus Union Of India Through Chairman, Railway Board, Ministry of Railways, New Delhi & Others High Court of Chhattisgarh
14-01-2019 Rajendra Pundlikrao Deore & Others Versus The State of Maharashtra, through Secretary ? Coo-peration & Marketing Dept. & Others High Court of Judicature at Bombay
11-01-2019 Rajendra Kumar Bagaria Versus State of Jharkhand through Central Bureau of Investigation & Another High Court of Jharkhand
10-01-2019 Rajendra Prasad Pal & Another Versus State of U.P.Thru. Prin Secy Deptt of Basic Edu & Others High Court Of Judicature At Allahabad Lucknow Bench
09-01-2019 Veer Rajendra Rajput Versus State of Chhattisgarh High Court of Chhattisgarh
07-01-2019 B. Rajendra Kumar Versus The Airport Authority of India, New Delhi, Represented by Its Chairman & Others High Court of Kerala
07-01-2019 Rajendra Versus State of Karnataka High Court of Karnataka
02-01-2019 Rajendra Prasad Rao Versus Heavy Engineering Corporation Limited, Dhurwa, Ranchi High Court of Jharkhand
12-12-2018 Sant Shankar Maharaj Ashram Trust, Pimpalkhuta, through its Secretary, Rajendra Versus State of Maharashtra, through Secretary Social Justice & Special Assistance Department & Others In the High Court of Bombay at Nagpur
12-12-2018 Rajendra Pralhadrao Wasnik Versus State of Maharashtra Supreme Court of India
07-12-2018 State Transport Co-op. Credit Society Ltd. Versus Rajendra Sudhakar Mahalpure High Court of Judicature at Bombay
29-11-2018 Rajendra Ramakant Vedpathak Versus Tarvidersingh Harbansingh Popali & Others High Court of Judicature at Bombay
02-11-2018 Rajendra Kumar Versus State of Rajasthan High Court of Rajasthan Jodhpur Bench
01-11-2018 M/s. RA Chem Pharma Limited, Rep. by its Managing Director, J. Rajendra Rao & Another Versus State of A.P. Rep. by the Public Prosecutor & Others High Court of Andhra Pradesh
01-11-2018 Rajendra Prasad Singh & Others Versus The State of Bihar & Others High Court of Judicature at Patna
30-10-2018 Shrikant & Rajendra Vilas Choudhary Versus The State of Maharashtra High Court of Judicature at Bombay
26-10-2018 Jonnalgadda Rajendra Prasad/Edukondalur RP & Others Versus Sri Yogananda Lakshmi Narasimhaswami Vari Temple, Rep. by its Single Trustee-cum-hereditary Archaka, Parasaram Lakshmi Vara Prasad, Avanigadda In the High Court of Judicature at Hyderabad
23-10-2018 Rajendra Singh Versus State of Uttar Pradesh Supreme Court of India
19-10-2018 Kallinath Shivyogi Dhange Versus Rajendra @ Apparao Mdhukarrao Vedpathak & Others In the High Court of Bombay at Aurangabad
10-10-2018 Pankaj @ Pintu Rajendra Marve Versus State of Maharashtra In the High Court of Bombay at Nagpur
08-10-2018 A. Rajendra & Others Versus The State, Represented by The Deputy Superintendent of Police, Tiruchendur & Others Before the Madurai Bench of Madras High Court
20-09-2018 Rajendra Singh Versus State of U.P. & Others High Court of Judicature at Allahabad
14-09-2018 Hemant Kumar Jalan & Others Versus Rajendra Bajoria & Others High Court of Judicature at Calcutta
10-09-2018 Khomdram Rajendra Singh Versus The Union of India, Rep. by its Secretary, Government of India, Ministry of Telecommunication, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
07-09-2018 Rajendra Dagdulal Bafna & Others Versus The State of Maharashtra & Another In the High Court of Bombay at Aurangabad
05-09-2018 Shivaraj V/S Rajendra and Others. Supreme Court of India
03-09-2018 Rajendra Kumar Hirawat & Another Versus Acit Non Corporate Circle 9 (1) Income Tax Appellate Tribunal Chennai