50
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 157/2009
Date of Decision: 6th May, 2009
%
THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant
Through : Mr. Kanwal Chaudhary, Adv.
versus
GEETA DEVI & ORS. ..... Respondents
Through : Mr. Sameer Nandwani, Adv.
for R - 1 to 6.
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. Dr. Richa Diwan, Director, Professor and Head of Medicine, Maulana Azad Medical College is again present today and her statement has been concluded. Statement of Dr. Ajay Gupta, Professor Orthopedics, Lok Nayak Jai Prakash Hospital was recorded on 18th April, 2009. Both Dr. Ajay Gupta and Richa Diwan have deposed before this Court that the deceased Ganesh Dass died due to the injuries suffered by him in the accident in question.
2. I am satisfied that the deceased Ganesh Dass died due to the injuries suffered by him in the accident in question. MAC .APP.No.157/2009 Page 1 of 3
3. Mr. Vinay Malik, Regional Manager, New India Assurance Company Limited is also present in Court pursuant to the direction passed by this Court on 5th May, 2009 and he does not dispute the above finding.
4. The issue relating to the computation of compensation has already been decided vide order dated 31st March, 2009.
5. The appeal stands disposed of in terms of the order dated 31st March, 2009 and with the consent of the parties, the award of Rs.9,40,000/- along with interest @6% per annum from the date of filing of the petition before the learned Tribunal till payment is passed in favour of the claimants/respondent Nos.1 to 6 and against the appellant. Since the New India Assurance Company Limited has graciously settled this case, no cost is being imposed in this matter.
6. This Court records the appreciation for Mr. Vinay Malik, Regional Manager, New India Assurance Company Limited who appeared before this Court on 31st March, 2009 and again today and sympathetically considered this case with the able assistance of their nominated counsel, Mr. Kanwal Chaudhary.
7. The appellant is directed to deposit the entire award amount along with interest with the learned Tribunal within 20 days.
8. With respect to the share of claimants/respondent Nos.1 to 6 and the mode of disbursement, the order will be MAC .APP.No.157/2009 Page 2 of 3 passed on 26th May, 2009 as this Court has issued notice to RBI, LIC, SBI and PNB in another case advising them to formulate a special scheme for victims of road accident.
9. The claimants are directed to remain present on the next date of hearing to ascertain their status and financial needs.
10. The LCR be returned back immediately. The copy of the orders dated 31st March, 2009, 18th April, 2009, 5th May, 2009 and 6th May, 2009 be also sent to the learned Tribunal along with Trial Court Record.
11. The copy of the orders dated 31st March, 2009, 18th April, 2009, 5th May, 2009 and 6th May, 2009 be given 'Dasti' to learned counsel for both the parties under signatures of Court Master.
J.R. MIDHA, J MAY 06, 2009 mk MAC .APP.No.157/2009 Page 3 of 3