Shriram General Insurance Co. Ltd vs Lala Ram & Ors.
2012 Latest Caselaw 1495 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          Decided on: 2nd March, 2012
+       MAC.APP. 962/2011

        SHRIRAM GENERAL INSURANCE CO. LTD..... Appellants
                       Through: Mr. Pankaj Seth, Advocate
                versus

        LALA RAM & ORS.                            ..... Respondents
                     Through:          Mr. J.P.N. Shahi, Adv. for R-1.

        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL

                           JUDGMENT

G. P. MITTAL, J. (ORAL)

1. A Claim Petition under Section 166 of the Motor Vehicles Act (the Act) and Section 140 of the Act was preferred by the Respondents No.1 to 5 before the Motor Accident Claims Tribunal, (the Claims Tribunal) claiming compensation for the death of Smt. Sheela wife of the first Respondent and mother of Respondents No.2 to 5.

2. A revised offer of ` 4,52,000/- was given by the Appellant Insurance Company which is available on page 15 of the Trial Court Record which was not accepted by the Respondents No.1 to 5.

3. The Claims Tribunal without any basis proceeded to pass an interim award of ` 4,40,000/-. As per Section 140 of the Act an

interim compensation of ` 50,000/- is liable to be awarded in favour of the legal representatives pending disposal of the Claim Petition under Section 166 of the Act. This order of the Claims Tribunal purported to be passed under Order 12 Rule 6 CPC was patently illegal. The same is accordingly set aside. On the other hand, the order shall be treated as under Section 140 of the Act and the amount payable shall be ` 50,000/- only which shall be paid to the first Respondent to be utilized for himself and for the benefits of Respondents No.2 to 5.

4. The Claims Tribunal shall proceed to decide the Claim petition on merits after holding inquiry as provided under the Act.

5. The award amount of ` 50,000/- shall carry interest @ 7.5% per annum from the date of filing the petition till the date of deposit with the Claims Tribunal within 30 days.

6. Parties to appear before the Claims Tribunal on 26th March, 2012.

7. The Appeal is allowed in above terms.

8. Copy of the order be sent to the Claims Tribunal.

9. DASTI.

(G.P. MITTAL) JUDGE MARCH 02, 2012 vk