Kiran Sahni vs R.S.Aggarwal & Ors.
2009 Latest Caselaw 1888 Del

2
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +    MAC.APP. 383/2005

                                    Date of Decision: 5th May, 2009
%

      KIRAN SAHNI                                   ..... Appellant
                            Through : Mr. O.P. Mannie, Adv.

                       versus

      R.S.AGGARWAL & ORS.               ..... Respondents
                   Through : Mr. Pankaj Seth, 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 report from the learned Mediator has been

received in which the market value of the car in question for

the year 1994 has been assessed to be Rs.90,000.

2. The report of the learned Mediator concurs with the

report placed on record by the appellant. The surveyour

appointed by the appellant has also assessed the value of

the offending vehicle to be Rs.90,000/-. The salvage of the

vehicle was assessed at Rs.40,000/-. The net amount claimed

by the appellant is Rs.50,000/- which has been confirmed by

the Mediator in her report.

3. The learned Tribunal had not awarded any

compensation to the appellant towards the damage to the

car on the ground that the appellant might have taken the

compensation from her Insurance Company. The appellant

has already placed on record the order of the Insurance

Company which shows that the policy was "Act Only" policy

and the appellant has neither received nor she could have

received any amount from her Insurance Company towards

damages to the vehicle.

4. The appeal is accordingly allowed and a further award

of Rs.50,000/- along with interest @ 7% per annum from the

date of filing of the petition till payment is passed in favour

of the appellant and against respondent No.3

5. The enhanced amount along with interest be deposited

by respondent No.3 with the learned Tribunal within 30 days

and upon such deposit being made, the same shall be

released to the appellant without any restriction of fixed

deposit since this case relates to the damage to the property

only.

6. This Court place on record the appreciation of the

Mediator, Ms. Sonia Sharma who has done fair assessment of

value of this car.

7. The profession fee of the surveyour shall be paid by the

appellant as per the invoice of the surveyour.

8. Copy of this order be given „Dasti‟ to learned counsel

for both the parties under signatures of Court Master.

J.R. MIDHA, J

MAY 05, 2009 mk