The New India Assurance Co Ltd vs Bishan Dev Singh And Anr
2009 Latest Caselaw 1533 Del

13
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +    MAC.APP. 604/2008

                             Date of Decision: 20th April, 2009
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      THE NEW INDIA ASSURANCE CO LTD      ..... Appellant
                    Through : Mr. Pankaj Seth, Adv.

                    versus

      BISHAN DEV SINGH AND ANR            ..... Respondents
                    Through : None.


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.80,000/- has been

awarded to respondents No.1.

2. The accident dated 20th - 21st January, 2005 resulted in

fracture in fibula to respondent No.1. Respondent No.1

deposed before the learned Tribunal that he has spent

Rs.10,000/- on treatment and Rs.4,000/- on special diet.

However the bills were not produced. Respondent No.1 was

working with a tent house earning Rs.3,500/- and he could

not work for eight months because of the accident.

3. In the absence of documentary evidence to prove the

expenses on treatment, special diet as well as loss of

income, the learned Tribunal drew the presumptions guided

by Section 114 of the Indian Evidence Act and awarded

Rs.80,000/- to the claimants.

4. I do not find any infirmity in the computation of

compensation by the learned Tribunal.

5. The appeal is, therefore, dismissed in limine.

6. The Registry is directed to refund the statutory amount

of Rs.25,000/- to the appellant within two weeks.

CM No.17371/2008

1. For the reasons stated in the application, the delay of

66 days in filing of this appeal is condoned.

2. CM stands disposed of.

CM No.17370/2008

Dismissed.

J.R. MIDHA, J

APRIL 20, 2009 aj