Challenge to the award given by claims tribunal dismissed, appellant directed to deposit the entire amount with interest: The high Court of Delhi
After being satisfied with the income and cause of accident of the deceased, the court found it apt to not interfere with the award given by the claims tribunal and directed the appellant to expeditiously deposit the said award with the Registrar General of the court. The aforementioned was established by the High court of Delhi in the case of The New India Assurance Co. Ltd. v. Madan Lal Batra & Ors. [MAC.APP. 851/2018] which was decided by a single judge bench comprising Justice J.R. Midha on 24th June 2021.
The facts of the case are as follows. The accident dated 31st August 2005 resulted in the death of Lalit Batra. The deceased was hit by an auto rickshaw while crossing the road. The deceased was aged 28 years at the time of accident and was survived by his father who claimed compensation. The deceased was working as an Executive with DSL Software Ltd., Bangalore at a monthly salary of Rs.35,152/- (Annual Rs.4,21,824/-). After considering the facts the claims tribunal awarded a compensation of Rs.42,39,000/- along with interest at the rate of 9% per annum from the date of filing of claim petition.
Learned counsel for the appellant urged two grounds at the time of the hearing of the appeal (i) the negligence of the driver of the offending vehicle has not been proved before the Claims Tribunal and (ii) the income of the deceased has not been duly proved by respondent No.1. however, the claims tribunal stated that it relied upon the statement of witness, M Ronald who deposed that the driver was driving in a rash manner and the assistant manager of the chartered bank further deposed that the deceased had taken housing loan of Rs.11,00,000/- form the bank against a Salary Certificate according to which the salary of the deceased was Rs.35,152/- per month in July 2004. Both these facts satisfied the court of the cause of accident as well as the income of the deceased respectively.
Hence, the court believed “This Court is satisfied that the compensation awarded by the Claims Tribunal is just, fair and reasonable and does not warrant any interference. The appeal is therefore dismissed. Vide order dated 24th September 2018, this Court directed the appellant to deposit the entire awarded amount with interest with the Registrar General of this Court. In compliance of the order dated 24th September 2018, the appellant deposited Rs.66,45,544/- with the Registrar General of this Court out of which Rs.30,00,000/- has been disbursed to respondent No.1 on 13th March, 2020 and the balance amount is lying with the Registrar General of this Court”