Saheb Mehto And Ors. vs Chaman Singh And Ors.
2014 Latest Caselaw 1768 Del

$~R34-A
*   IN THE HIGH COURT OF DELHI AT NEW DELHI

%                        Judgment delivered on: 1st April, 2014

+      MAC.APP. 1029-30/2006

SAHEB MEHTO AND ORS.                                 ..... Appellants
                                    Represented by: Mr. Peeush Sharma, Adv.


                        versus


CHAMAN SINGH AND ORS.                                          ..... Respondents
                                    Represented by: NEMO.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. The present appeal has been preferred against the impugned award dated 04.11.2006, whereby, Ld. Tribunal awarded compensation for an amount of Rs.2,87,000/- with interest @ 7% per annum from the date of filing of the Claim Petition till realization of the amount.

2. Ld. Counsel appearing on behalf of the appellant submits that initially the Claim Petition was filed under Section 166 of Motor Vehicles Act, 1988. However, on an application being moved by the appellant, Ld. Tribunal vide order dated 16.03.2004 converted the same under Section 163-A of the Motor Vehicles Act.

3. Ld. Counsel further submits that despite the conversion of the Claim Petition to Section 163-A of the Motor Vehicles Act, same was adjudicated

under Section 166 of the Act and accordingly, the compensation was granted.

4. On perusal of the Trial Court Record, it is revealed that vide order dated 16.03.2004, the Claim Petition was converted to 163-A of the Motor Vehicle Act. In the Claim Petition, it was claimed that the deceased Sita Ram was 22 years of age on the date of accident. He was doing some private job and was earning Rs.3,000/- per month.

5. Accordingly, as per the second schedule, compensation comes as under:

Sr. Heads Calculation as Calculation as per per MACT this Court No.

i. Loss of Rs.2,56,608/- Rs.4,08,000/-

              dependency                             (Rs.3,000 x 2/3x12x17)

      ii.     For loss of love Rs.25,000/-           Nil.
              and affection
      iii.    For loss of Nil                        Rs.5,000/-
              consortium
      iv.     For loss      of Nil                   Rs.2,500/-
              estate
      v.      Towards           Rs.5,000/-           Rs.2,000/-
              funeral
              expenses
              Total             Rs.2,86,608/-        Rs.4,17,500/-
                                (Rounded off    to
                                Rs.2,87,000)

Resultantly, the compensation is assessed at Rs.4,17,500/-

6. Accordingly, the enhanced compensation comes to Rs.1,30,500/- (Rs.4,17,500 - Rs.2,87,000/-).

7. The enhanced amount shall also carry interest @ 7% per annum from the date of filing of the claim petition till realization.

8. The respondent No.3/Insurance Company is directed to deposit the enhanced compensation amount with the Registrar General of this Court within a period of six weeks from today, failing which, appellants/claimants shall be entitled for penal interest @ 12% per annum on account of delayed payment.

9. On deposit, the Registrar General is directed to release the amount in favour of the appellants/claimants on taking necessary steps by them.

10. In view of the above, the appeal is allowed.

SURESH KAIT, J APRIL 01, 2014 jg