Delhi High Court
Ramji Prashad vs Afsaf Khan & Ors on 7 January, 2020
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 07.01.2020.
+ MAC.APP. 980/2012
RAMJI PRASHAD ..... Appellant
Through: Mr. Santosh Chauriha, Advocate.
versus
AFSAF KHAN & ORS ..... Respondents
Through: Mr. Anand V. Khatri, proxy counsel
for R-1.
Mr. Manoj R Sinha, Advocate for
insurance company.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J. (Oral)
1. This appeal impugns the award of compensation dated 11.05.2012
passed by the learned MACT in Case No. 393/08, on the ground that it has
erred in computing the award of compensation, inasmuch as after having
granted Rs. 15,000/- towards 'special diet and conveyance charges' and Rs.
15,000/- towards 'pain and sufferings', only Rs. 5,000/- has been added
towards 'special diet and conveyance charges' in the computation. The
error is apparent. The same stands corrected. It shall be read as Rs. 15,000/-.
2. The appellant seeks reimbursement of medical expenses. However, as
noted in the impugned order, no medical bills have been brought on record
to substantiate expenses incurred, therefore, no monies ought to be
reimbursed in this regard.
MAC.APP. No. 980/2012
3. On 17.09.2015, this Court had ordered as under:
"......
7. Although no sufficient cause has been shown either
for nonappearance on the date fixed i.e. on 20th
November, 2013 when appeal was dismissed for non-
prosecution and for not filing the restoration application
within a reasonable time with a view to enable the
appellant to have fair opportunity to seek enhancement of
compensation, the delay of 307 days in filing the
restoration application is condoned. Restoration
application is also allowed and the appeal is restored to
its original number but with the condition that for this
delay of 307 days in prosecuting the appeal i.e. from the
date of dismissal of the appeal till restoration application
was filed, in case of enhancement of compensation, the
appellant shall not be entitled to any interest for this
period."
4. In the circumstances, no interest shall be payable for the period of 307
days.
5. Accordingly, the amount of Rs. 44,532/-, alongwith interest accrued
thereon @ 9% per annum from the date of filing of the claim petition i.e.
02.06.2008 till its realization, shall be paid by respondent nos. 1 and 2
within four weeks from the date of receipt of a copy of this order to be
released to the beneficiary(ies) of the Award in terms of the scheme of
disbursement specified therein.
6. Respondent no. 1 states that thus far, all the monies have been paid by
him and he is a mere daily wager and does not have the wherewithal to make
the aforesaid payments. Liability to pay the compensation amount,
alongwith additional payable amounts, was fixed jointly and severally both
MAC.APP. No. 980/2012
by respondent nos. 1 and 2. The owner of the car has not appeared and all
monies thus far have been paid by the driver.
7. Copy of this order be served upon respondent no. 2 through the SHO
of the area concerned. Compliance Report in this regard be filed on or
before 21.05.2020.
8. The appeal is disposed-off in terms of the above.
NAJMI WAZIRI, J
JANUARY 07, 2020
AB
MAC.APP. No. 980/2012
