Oriental Insurance Co Ltd. vs Smt Mithilesh And Ors.
2014 Latest Caselaw 327 Del

$~31
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                Judgment delivered on: 17th January, 2014

+       MAC. APP. No.985 /2013 & CM Nos.17248/2012 & 854/2014



ORIENTAL INSURANCE CO LTD.                     ..... Appellant
             Represented by: Mr.Pankaj Seth, Advocate.

                       Versus

SMT MITHILESH AND ORS.                                   ..... Respondents
             Represented by:               Mr.Kamal Deep, Advocate for
                                           Respondent Nos. 1 to 4.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

MAC.APP. 985/2013

1. Vide the present appeal, the appellant/Insurance Company impugns the award dated 06.08.2013, whereby the learned Tribunal has granted compensation for a sum of Rs.21,58,000/- with interest at the rate of 9% per annum from the date of filing of DAR till realization of the amount.

2. The only ground taken in the instant appeal is that the appellant/Insurance Company made a legal offer for an amount of Rs.9,94,104/-, but the same was not accepted by the LRs of the deceased.

3. Vide order dated 27.09.2012, the learned Tribunal has framed the following issues:-

"I. What amount of compensation, the LRs of the deceased are entitled to?

II. Relief."

4. Learned counsel for the appellant/Insurance Company submitted that the learned Tribunal has not framed any issue pertaining to the negligence on the part of the offending vehicle involved in the accident.

5. Pursuant to order dated 30.10.2013, learned counsel named above appeared on behalf of the respondent Nos. 1 to 4 and submitted that he has no objection if the instant appeal is remanded back for fresh enquiry after framing proper issues.

6. In view of the above, the impugned order dated 06.08.2013 is hereby quashed.

7. Consequently, the matter is remanded back to the concerned Tribunal, who shall frame proper issues and make inquiry accordingly. Thereafter, proper opportunity shall be given to both parties to lead their evidence.

8. The parties are directed to appear before the learned Tribunal on 04.02.2014 for directions.

9. This Court expects from the learned Tribunal to decide the claim petition expeditiously.

10. Statutory amount be released in favour of the appellant/Insurance Company.

CM Nos.17248/2012 (for stay) & 854/2014 (for directions) In view of the aforenoted order passed in appeal, both these applications have become infructuous. The same are accordingly disposed of.

A copy of this order be given dasti to the learned counsel for the parties.

SURESH KAIT, J.

JANUARY 17, 2014 sb