Sh. Sohan Pal & Anr. vs Iffco Tokio General Insurance Co. ...
2011 Latest Caselaw 5051 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                         Date of Judgment: 13.10.2011


+      MAC Appeal Nos. 622/2010, 623/2010 and 658/2010

SH. SOHAN PAL & ANR.              ...........Appellants
                  Through: Mr. Navneet Goyal, Advocate.

                     Versus

IFFCO TOKIO GENERAL
INSURANCE CO. LTD.                ..........Respondent
                   Through: Ms.Suman Bagga, Advocate.


CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR

     1. Whether the Reporters of local papers may be allowed to
        see the judgment?

     2. To be referred to the Reporter or not?                 Yes

     3. Whether the judgment should be reported in the Digest?
                                                          Yes

INDERMEET KAUR, J. (Oral)

1. These are three appeals which had been filed by the in-laws

i.e. father-in-law and mother-in-law of deceased Ruchi and the

grandparents of the deceased minor children Ayush and Kritika.

Their claims had been dismissed by the learned Tribunal vide

impugned Award dated 09.06.2010; the Tribunal was of the view

that the claimants were not entitled to any compensation as they

were not dependent upon the deceased.

2. Learned counsel for the petitioner has placed reliance upon

a judgment of this court reported in III (2003) ACC 140 titled as

Tej Pal Singh Yadav and Ors vs. Rajasthan State Road Transport

Corporation and Anr. to support his submission that a claim of the

father-in-law qua the death of daughter-in-law would fit into the

claim filed by the legal representatives and in the aforenoted case,

the court had awarded compensation to the father-in-law of the

deceased daughter-in-law. Reliance has also been placed upon

I(1987) ACC 475 titled as Gujarat State Road Transport

Corporation vs. Ramanbhai Prabhatbhai & Anr. to support his

submission that a claim seeking compensation for the death of a

person, may be filed not only by the legal representatives of the

deceased but also by any agent duly authorised by all or any of the

legal representatives. Attention has been drawn to the definition

of the "legal representatives" as contained in the said judgment.

3. The learned counsel for the petitioner stated that in these

circumstances, the matter should be remanded back to the

Tribunal to determine the quantum of compensation, if any, which

would be due to the claimants.

4. Learned counsel for the respondent has not disputed the

proposition of law as laid down in the aforenoted judgments.

These appeals are accordingly remanded back to the learned

Tribunal to determine if the claimants in the instant case i.e.

grandparents of deceased Ayush and Kritika and in laws of

deceased Ruchi would be entitled to compensation in lieu of the

evidence which has already been led by them. If so required, the

parties will be permitted to lead further evidence also. Matter is

accordingly remanded back to the District Judge, Rohini who shall

assign these appeals to the concerned MACT Court at Rohini. For

the said purpose, parties are directed to appear before the District

Judge, Rohini on 03.11.2011 at 10.30 pm.

With these directions, these appeals are disposed of.

INDERMEET KAUR, J.

OCTOBER 13, 2011 rb