Delhi High Court
The New India Assurance Co. Ltd. vs Geeta Devi & Ors. on 6 May, 2009
Author: J.R. Midha
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.
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
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
