Delhi High Court
Balkishan Gupta vs Baljit Singh & Ors on 10 February, 2020
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 10th February, 2020
+ MAC.APP. 682/2018
BALKISHAN GUPTA ..... Appellant
Through: Mr. Prabhat Kumar Rai, Advocate
along with appellant in person.
versus
BALJIT SINGH & ORS ..... Respondents
Through: Mr. Gagan Deep Singh, Advocate for
respondent No.4.
Respondent No.1 in person.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.13,60,000/- has been awarded to respondents
No.1 and 2 against the appellant.
2. The accident dated 02nd December, 2013 resulted in the death of Ravi
Kumar. The deceased, Ravi Kumar was a student aged 17 years and 6
months at the time of accident and was survived by his parents who claimed
the compensation. The Claims Tribunal awarded Rs.13,60,000/- to
respondents No.1 and 2 against the appellant.
3. The appellant is the registered owner of the offending vehicle bearing
No.DL 3C AW 7713 which was driven by respondent No.3 at the time of
accident. Learned counsel for the appellant urged at the time of hearing that
the appellant had returned the vehicle to respondent No.4 on 06 th May, 2012
(prior to the accident dated 01st/02nd December, 2013) in exchange for a new
vehicle. It is submitted that respondent No.4 had taken the liability to
transfer the documents and the vehicle to the buyer of the said vehicle. It is
further submitted that respondent No.4 sold the vehicle to respondent No.5.
It is further submitted that the appellant is restricting the present appeal to
the award being passed jointly and severally against the appellant and
respondent No.3. So far as respondent No.4 is concerned, the appellant shall
seek the appropriate relief in the pending civil suit. It is further submitted
that the appellant does not press for any relief against the respondents No.5,
6 and 7 in this appeal.
4. There is no appearance on behalf of respondent No.3.
5. This Court is satisfied that the appellant as well as respondent No.3
are jointly and severally liable to pay the compensation amount to
respondents No.1 and 2.
6. This appeal is allowed and the impugned award is modified to the
extent that the appellant as well as respondent No.3 are jointly and severally
liable to pay the award amount of Rs.13,60,000/- along with interest accrued
thereon to respondents No.1 and 2.
7. The appellant has deposited Rs.3,00,000/- with the Registrar General
of this Court in terms of the order dated 27 th July, 2018. Respondent No.1
present in Court has produced the passbook of his savings bank account as
well as savings bank account of respondent No.2. The particulars of their
savings bank accounts are as under:-
1. Baljit Singh (Respondent No.1)
A/c No.3343000100024011
Punjab National Bank, Kharanti Branch
District Rohtak, Haryana
IFSC Code: PUNB0334300
2. Anita (Respondent No.2)
A/c No.3343000100080770
Punjab National Bank, Kharanti Branch
District Rohtak, Haryana
IFSC Code: PUNB0334300
8. The Registrar General is directed to release the aforesaid amount of
Rs.3,00,000/- along with interest accrued thereon as well as the statutory
amount of Rs.25,000/- deposited by the appellant, to respondents No.1 and 2
by instructing UCO Bank, Delhi High Court Branch as under:-
(i) Rs.50,000/- be transferred to the savings bank account of
respondent No.1 within three weeks.
(ii) The balance amount be transferred to savings bank account of
respondent No.2 within three weeks.
9. The interim order dated 27th July, 2018 is vacated.
10. Respondents No.1 and 2 are at liberty to execute this award in
accordance with the law against the appellant and respondent No.3.
11. The appellant is also at liberty to pursue the legal remedies against
respondent No.4 in accordance with the law.
12. Copy of this judgment be given dasti to counsels for the parties under
signatures of the Court Master.
J.R. MIDHA, J.
FEBRUARY 10, 2020
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