National Insurance Co. Ltd. vs Madhu Sharma & Ors.
2012 Latest Caselaw 2223 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      Reserved on: 6th February, 2012
                                     Pronounced on: 30th March, 2012
+       MAC APP. 498/2010

        NATIONAL INSURANCE CO. LTD.            .... Appellant
                     Through: Ms. Shantha Devi Raman, Adv.

                    versus

        MADHU SHARMA & ORS.                       .... Respondents
                   Through:           Mr. K.L. Tyagi, Adv.
                                      Mr. P.N.Malhotra, Adv.
        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL

                             JUDGMENT

G. P. MITTAL, J.

1. The Appellant Insurance Company impugns a judgment dated 21.05.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of ` 10,60,000/- was awarded for the death of Manoj Kumar who died in a motor accident which took place on 05.03.2009.

2. In a Claim Petition under Section 166 and Section 140 of the Motor Vehicles Act (the Act) preferred by the Respondents (the Claimants) a salary of `7,500/- per month in addition to a commission of ` 2,500/- was claimed. These were disputed by the Appellant Insurance Company.

3. The Insurance Company also disputed negligence on the part of

the offending vehicle. In this case, contributory negligence on the part of deceased was also averred on the ground that three persons were riding on a two wheeler.

4. It is true that a summary procedure has to be followed for holding an inquiry for the award of compensation but that would not mean that either of the two parties before the Claims Tribunal should be debarred from proving any relevant aspect on the matter of the award of compensation.

5. As the Claims Tribunal did not afford any opportunity either to the Claimant or to the Insurance Company, the impugned order cannot be sustained. The same is accordingly set aside with the direction to the Claims Tribunal to afford an opportunity to the parties to prove their respective pleas.

6. The Claims Tribunal shall endeavor to decide the case as early as possible and in any case within a period of six months.

7. Pending applications also stand disposed of.

8. Parties are directed to appear before the Claims Tribunal on 23 rd April, 2012.

9. Copy of the order be sent to the Claims Tribunal for compliance.

(G.P. MITTAL) JUDGE MARCH 30, 2012 vk