Delhi High Court
Ashok Kumar & Another vs Matbar Singh & Others on 6 October, 2009
Author: Sanjiv Khanna
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4136/2008
ASHOK KUMAR & ANR. ..... Petitioner
Through Mr. Praveen Kumar Pandey,
Advocate.
versus
MATBAR SINGH & ORS. ..... Respondent
Through Mr. Pradeep Gaur, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 06.10.2009
1. The petitioners are the parents of late Mr. Ashish Kumar, who
expired in a road accident on 1st September, 2005. The petitioners
thereafter filed a claim petition under the Motor Vehicle Act, 1988, against
Delhi Transport Corporation, the bus driver Mr. Matbar Singh and the
National Insurance Company Ltd., the insurance company. They claimed
compensation of Rs. 12,00,000/-.
2. By order dated 13th September, 2007, an interim compensation of
Rs.50,000/- was granted to the petitioners under Section 140 of the Motor
Vehicle Act, 1988. However, the payment was not made.
3. Subsequently, the matter was referred for conciliation. It appears
WPC NO.4136-2008 Page 1
that the Advocate appearing for the petitioners gave consent to
compromise the claim for Rs. 75,000/- including Rs. 50,000/-, which was
payable to the petitioners in terms of the order dated 13th September,
2007. After recording statement of parties, the Motor Accidents Claim
Tribunal vide order dated 4th December, 2007, disposed of the claim
petition as settled on payment of Rs. 75,000/- by the insurance company to
the petitioners. It was directed that in case of non-payment within 30 days,
interest @ 12% per annum will be payable after expiry of 30 days, interest
@ 12% per annum will be payable after expiry of 30 days till realization.
Certain other directions were also issued by the learned Tribunal for
deposit of the compensation amount in fixed deposits.
4. On 4th December, 2007, itself, the petitioners filed an application
before the learned Tribunal stating that the compromise on payment of
compensation of Rs.75,000/- was not acceptable to them. They further
stated that they were under the impression that the amount was being
paid towards interim compensation and they had misunderstood the object
and purpose of the compromise. The trial court record reveals that the
application was listed before the Tribunal on 4th December, 2007 and was
directed to be taken up for further hearing after notice on 7th December,
2007. The said application was subsequently dismissed vide order dated
WPC NO.4136-2008 Page 2
23rd April, 2008, holding, inter alia, that the petition was compromised and
cannot be re-opened.
5. As noticed above, the petitioners have lost their son. The factum that
the petitioners' son has expired is not disputed. It is also not disputed that
the petitioners in terms of the Section 140 of the Motor Vehicle Act, 1988
were/are entitled to interim compensation of Rs. 50,000/-. It is difficult to
conceive and accept that the petitioners would have accepted a settlement
on payment of Rs. 75,000/- as compensation payable on death of their son,
who was aged about 18 years as per the petitioners. The quantum of
compensation is extremely low and cannot be justified. It is apparent that
the petitioners had misunderstood or did not properly understand the
effect of the so called compromise. As noticed above, on 4th December,
2007 itself, the petitioners had filed an application for cancellation of
compromise. Till that date, they had not received payment of the
compensation amount of Rs. 75000/-.
6. In the wake of glaring facts, it becomes inevitable for the Courts to
unveil what is posited in front of it be facts, to look in to conduct of the
parties, their state of mind and understand their acts. The petitioners are
parents of a deceased son, who was a victim of a motor accident and have
claimed compensation. In their distressed state of mind, they may not have
WPC NO.4136-2008 Page 3
understood the true nature of their acts and the effects thereof. An
inadvertent and apparent mistake in the form of an improper
understanding or misunderstanding of the settlement has occurred. It
deserves correction and the petitioners should not be further punished
after having lost their son. Especially, when they were diligent enough to
take a note of what had occurred and had taken steps to remedy the
mistake immediately. The quantum of compensation is ridiculously low
and unjustifiable and a decision upholding it would only be incongruous
and perpetuate injustice. The settlement per se is vitiated and bad.
7. Keeping in view the aforesaid facts, the order dated 4th December,
2007 is set aside and quashed and the matter is remanded back to the
learned Tribunal for fresh adjudication. The compromise will be treated as
cancelled.
6. The writ petition stands disposed of. The parties will appear before
the learned Tribunal on 13th October, 2009. This order is being passed
keeping in view the peculiar facts and circumstances of the case.
SANJIV KHANNA, J.
OCTOBER 06, 2009
NA
WPC NO.4136-2008 Page 4
