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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.207/2007
Date of Decision: 28th July, 2009
%
BAJAJ ALLIAZ GENERAL INSURANCE ..... Appellant
Through : Mr. Nikhil Majithia, Adv.
versus
BALJINDER KAUR & ORS. ..... Respondents
Through : Mr. Ashok Mahajan, Adv. for
R-1 to 3.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may Yes
be allowed to see the Judgment?
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be Yes
reported in the Digest?
JUDGMENT (Oral)
1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.5,00,000/- has been awarded to claimants/respondents No.1 to 4.
2. The accident dated 7th July, 2003 resulted in the death of Surjit Singh. The deceased was survived by his widow, one minor son, one minor daughter and mother who filed the claim petition before the learned Tribunal.
3. The claimants filed the claim petition under Section 166 read with Section 140 of the Motor Vehicles Act which was suo moto converted to Section 163A by the learned Tribunal MAC .APP.No.207/2007 Page 1 of 3 and the compensation was awarded under Section 163A of the Motor Vehicles Act.
4. The appellant has challenged the impugned award on the ground that the learned Tribunal could not have suo moto converted the petition under Section 166 of the Motor Vehicles Act into the petition under Section 163A of the Motor Vehicles Act.
5. The claimants have filed cross-objections seeking enhancement of the award amount primarily on the ground that the deceased was earning Rs.9,000/- to Rs.10,000/- per month. In essence, the claimants are now seeking compensation under Section 166 of the Motor Vehicles Act.
6. In the facts and circumstances of this case, the impugned award is set aside and the case is remanded back to the learned Tribunal to conduct an inquiry contemplated under Sections 168 and 169 of the Motor Vehicles Act and to pass a fresh award in accordance with law under Section 166 of the Motor Vehicles Act.
7. The appellant has deposited the entire award amount along with interest out of which 20% has been released to respondent No.1 and the remaining amount has been kept in fixed deposit and the original fixed deposit receipt are retained by the learned Tribunal in terms of the order dated 15th April, 2009. Respondent No.1 shall retain 20% of the award amount and the remaining amount shall remain in fixed deposit which shall be retained by the learned Tribunal MAC .APP.No.207/2007 Page 2 of 3 till decision of the case by the learned Tribunal subject to the final outcome. Respondent No.1 shall continue to get periodical interest on the fixed deposit amount in terms of the order dated 15th April, 2009.
8. Since the impugned award has been set aside and the case is remanded back to the learned Tribunal, the question of law raised by the learned Tribunal is left open to be decided in an appropriate case.
9. The parties are directed to appear before the learned Tribunal on 10th August, 2009.
10. The LCR be returned forthwith.
11. The statutory amount of Rs.25,000/- deposited by the appellant forms part of the original award amount and, therefore, the Registry is directed to release the same to respondent No.1 within period of four weeks but the same shall be subject to the final outcome of the matter remanded back to the learned Tribunal.
12. Copy of this order be given 'Dasti' to learned counsel for the parties under the signature of Court Master.
J.R. MIDHA, J JULY 28, 2009 aj MAC .APP.No.207/2007 Page 3 of 3