M/S Sachdev Sons vs Sh. Daljit Singh & Ors.
2009 Latest Caselaw 5193 Del

2
*IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +   MAC.APP.No.391/2009
                               Date of Decision: 14th December, 2009
%
      M/S SACHDEV SONS                   ..... Appellant
                   Through : Mr. Rajat Sharma, Adv.

                      versus

      SH. DALJIT SINGH & ORS.                   ..... Respondents
                     Through :         Mr. D.S. Rajput, Adv.

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.85,000/- has been

awarded to claimants/respondents No.1 to 4 against the

appellant.

2. The appellant is the owner of the offending vehicle

which resulted in the death of Late Prem Singh Bedi in a road

accident dated 26th September, 1991.

3. The only ground urged by learned counsel for the

appellant at the time of hearing of this appeal is that the rate

of interest be reduced from 9% per annum to 6.5% per

annum on the ground that claimants/respondents No.1 to 4

took 16 years to complete the proceedings before the

learned Tribunal.

4. The learned counsel for the appellant further points out

that two claim petitions were filed before the learned Claim

Tribunal and ultimately one case was dismissed in default

whereas this case remained pending for a period of 16 years.

5. The learned counsel for claimants/respondents No.1

to 4 submit that the rate of interest be maintained at 9% per

annum as the appellant was initially ex-parte and he

appeared after a period of 12 years.

6. If the appellant was ex-parte before the learned

Tribunal for 12 years, there is no justification for

claimants/respondents No.1 to 4 to have not completed the

proceedings before the learned Tribunal and, therefore, the

delay is attributable to claimants/respondents No.1 to 4.

7. In the facts and circumstances of this case, interest

@ 6.5% per annum is just, fair and reasonable.

8. The appeal is allowed and the rate of interest is

reduced to 6.5% per annum from the date of filing of the

petition till the date of payment.

9. The appellant has deposited a sum of Rs.1,48,400/-

with the Registrar General of this Court in terms of the order

dated 17th August, 2009. After adjusting the statutory

amount of Rs.25,000/-, a further sum of Rs.11,050/- is

payable by the appellant. The appellant has handed over a

pay order No.346328 dated 9th December, 2009 for

Rs.11,050/- drawn in the name of Registrar General, Delhi

High Court. The original pay order is handed over by learned

counsel for the appellant to the Court Master who shall send

the same to the Accounts Department for encashment.

10. The total amount with the Registrar General after

encashment of this pay order would be Rs.1,84,450/-

(Rs.1,48,400/- deposited by the appellant on 6th October,

2009 + Rs.25,000/- deposited by the appellant along with

this appeal + Rs.11,050/- tendered today).

11. The Registrar General is directed to release the entire

amount of Rs.1,84,450/- to respondents No.1 to 4.

Respondents No.1 to 4 shall have equal shares in the

aforesaid amount and, therefore, the Registry shall release

25% amount to each of the four respondents.

J.R. MIDHA, J

DECEMBER 14, 2009 aj