9
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.113/2009
Date of Decision: 1st December, 2009
%
KASHI RAM ..... Appellant
Through : Mr. Abdul Sattar, Adv.
versus
MATA PRASAD SINGH & ANR. ..... Respondents
Through : Mr. R.P. Singh, Adv.
for R-1 and 2.
Mr. Amit Kumar Pandey, Adv.
as amicus curiae.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may NO
be allowed to see the Judgment?
2. To be referred to the Reporter or not? NO
3. Whether the judgment should be NO
reported in the Digest?
JUDGMENT (Oral)
1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.2,26,240/- has been awarded to claimants/respondents No.1 and 2.
2. The accident dated 9th February, 1998 resulted in the death of Krishan Kumar Singh. The deceased was survived by his parents who filed the claim petition before the learned Tribunal.
3. The deceased was aged 25 years at the time of the accident and was working as a driver. It was claimed that the deceased was earning Rs.4,000/- per month. However, in the absence of any documentary proof of income, the learned Tribunal took the minimum wages for unskilled worker, deducted 1/3rd towards the personal expenses and applied the multiplier of 8 to compute the MAC.APP.No.113/2009 Page 1 of 5 loss of dependency at Rs.1,86,240/-. Rs.40,000/- has been awarded for non-pecuniary compensation. The total compensation awarded is Rs.2,26,240/-.
4. The offending vehicle was not insured at the time of the accident. The appellant is the owner of the offending vehicle. The sole ground raised by learned counsel for the appellant at the time of hearing of this appeal is that the offending vehicle was not involved in the accident and has been falsely implicated. The learned counsel refers to and relies upon the statement of eye- witness, Brijesh who appeared as PW-3 and deposed that the accident was caused by jeep made Tata Sumo bearing registration No.DL-9C 0408. The learned counsel for the appellant submits that the offending vehicle bearing No.DL-9C 0408 is a jeep make of Mahindra and Mahindra and, therefore, the statement of eye- witness PW-3 is not reliable.
5. The Investigating Officer of this case is present in Court in terms of the order dated 3rd November, 2009 and he has been examined with respect to the facts of this case. The Investigating Officer submits that there is no doubt about the offending vehicle. The learned Investigating Officer submits that the eye-witness provided the registration number of the offending vehicle. He further submits that the driver of the offending vehicle ran away from the spot along with the vehicle and, therefore, the police verified the name and address of the appellant from the office of Road Transport Authority and issued notice dated 30th March, 1998 under Section 133 of the Motor Vehicles Act to the appellant who gave reply and produced the vehicle as well as the driver of the vehicle. At no stage, the appellant raised the objection that MAC.APP.No.113/2009 Page 2 of 5 the offending vehicle was not involved in the accident.
6. This Court appointed Mr. Amit Kumar Pandey, Advocate as amicus curiae to assist this Court. The learned amicus curiae has gone through the file of the criminal case pending before the learned Metropolitan Magistrate and he submits that there has never been any doubt about the involvement of the offending vehicle in the accident in question. The driver of the offending is being prosecuted and the proceedings are pending before the learned Metropolitan Magistrate and at no stage, the appellant or the driver have raised any objection of being falsely implicated in this matter.
7. There is no merit or substance in this appeal.
8. The appeal is, therefore, dismissed.
9. The appellant has deposited the principal award amount of Rs.2,26,240/- in terms of the order dated 17th February, 2009. Vide order dated 3rd November, 2009, the Registrar General has been directed to release a sum of Rs.75,000/- to respondent No.2 and the remaining amount deposited by the appellant as well as the statutory amount of Rs.25,000/- has been directed to be kept in fixed deposit with State Bank of India for a period of five years.
10. The State Bank of India is directed to release the fixed deposit receipt to respondent No.2 after proper endorsement to the effect that no loan, advance or withdrawal be permitted against the said FDR without the permission of this Court.
11. The claimants are at liberty to execute the award of the learned Tribunal to recover the balance outstanding interest amount after adjusting Rs.25,000/- towards the interest amount.
12. It is noted that the offending vehicle was not insured at the MAC.APP.No.113/2009 Page 3 of 5 time of the accident which is an offence under Section 196 of the Motor Vehicles Act, 1988.
13. The learned counsel for the appellant submits that the learned Tribunal has awarded interest @ 7% per annum if the award amount is deposited within 30 days failing which the interest @ 12% per annum was directed to be paid. The learned counsel for the appellant submits that he has taken the legal recourse of appeal before this Court and, therefore, he may be permitted to deposit the interest amount @ 7% per annum within a period of 90 days.
14. The prayer of the appellant is accepted. If the appellant deposits the entire outstanding interest amount within 90 days, the interest on the principal award amount shall be @ 7% per annum. It is clarified that the appellant shall deposit the interest from the date of filing of the petition till the date of deposit of the principal award amount on 12th March, 2009.
15. The learned counsel for the appellant submits that the appellant is aged 85 years and is bed ridden and, therefore, the direction to prosecute him under Section 196 of the Motor Vehicles Act be dispensed with in the peculiar facts of this case.
16. The prayer of the appellant in this regard shall be considered if the entire outstanding interest amount is deposited within 90 days.
17. The learned counsel for the appellant submits that the appellant shall deposit the entire outstanding interest amount within 90 days.
18. Let the entire outstanding interest amount be deposited with the State Bank of India, Tis Hazari Court Branch A/c MAC.APP.No.113/2009 Page 4 of 5 Shakuntala Singh through Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322) within 90 days.
19. List for reporting compliance and consideration of the appellant's request for dispensing with the prosecution under Section 196 of the Motor Vehicles Act on 15th March, 2010.
20. Copy of this order be given 'Dasti' to learned counsel for both the parties under signature of Court Master.
J.R. MIDHA, J DECEMBER 01, 2009 mk MAC.APP.No.113/2009 Page 5 of 5