Bajaj Alliaz General Insurance vs Baljinder Kaur & Ors.
2009 Latest Caselaw 2883 Del

20
*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

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

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