Delhi High Court - Orders
United India Insurance Company Limited vs Anju Devi And Ors on 1 December, 2021
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 310/2021
UNITED INDIA INSURANCE
COMPANY LIMITED ..... Appellant
Through Mr. Amit Kumar Singh & Ms. Enatoli
Sema. Advocates.
versus
ANJU DEVI AND ORS ..... Respondents
Through None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 01.12.2021 CM APPL. 42880/2021 (Exemption) Allowed, subject to all just exceptions. MAC.APP. 310/2021 & CM APPL. 42879/2021 (stay)
1. Appellant impugns award dated 06.10.2021 whereby a detailed accident report has been disposed of and compensation awarded.
2. The factual matrix is that the victim was driving in a TSR and going to Molarband Extension from Saket and said TSR was being driven by Rahul one of the injured. When they reached at Lal Kuan, DTC Bus stand near ICD Gate TKD, New Delhi the offending truck which was being driven by one Mateen in rash and negligent manner and in a high speed without following traffic rules came and hit the TSR. Due to the said impact TSR turned turtle and all the passengers Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU MAC.APP. 310/2021 Signing Date:01.12.2021 |1 Signing Date:02.12.2021 07:36:23 20:26 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
including the driver sustained injuries. Two victims died because of the said accident.
3. Learned counsel contends that the Tribunal has erred in ignoring the dicta of the Supreme Court in 'National Insurance Company Vs. Pranay Sethi' AIR 2017 SC 5157 and granted total consortium of Rs. 1.10 lakhs as against the maximum awardable of Rs. 70,000/-.
4. Learned Counsel further submits that the Tribunal while holding the driver and one passenger of the TSR contributory negligent has erred in not holding the other passengers as contributory negligent and reducing the amount.
5. In so far as the submission with regard to contributory negligence is concerned, it is noticed that the Tribunal in the compensation table has held that the injured driver of the TSR was plying the TSR without license and carrying five passengers in his TSR beyond the seating capacity accordingly, he was contributory negligent. Further in the case of injured Shivanand Mishra the Tribunal has held that the injured Shivanand during his cross examination admitted that there were four persons in the TSR and he sat with the driver and according found him contributory negligent.
6. Apart from the above two there is no other finding that any of the other passengers contributed in the cause of the accident. Accordingly, I find no infirmity in the impugned award to the limited extent that it does not hold the other passengers apart from the driver Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU MAC.APP. 310/2021 Signing Date:01.12.2021 |2 Signing Date:02.12.2021 07:36:23 20:26 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
and passenger Shivanand contributory negligent. This is without prejudice to right of the said driver and passenger to contest even the said finding.
7. With regard to the plea of learned counsel for the appellant of award of the above referred amount as consortium contrary to the judgment of Pranay Sethi (Supra), issue notice to the respondents, returnable on 01.08.2022.
8. In the meantime, appellant shall deposit the entire awarded amount with the Tribunal within four weeks.
9. On deposit of the said amount, Tribunal shall disburse the awarded amount as per the scheme of disbursal after withholding a sum of Rs. 40,000/-. Rest of the amount shall be kept in an interest bearing fixed deposit.
10. Digital copy of the Tribunal's record be requisitioned.
SANJEEV SACHDEVA, J DECEMBER 1, 2021 'rs' Digitally Signed Signature Not Verified By:JUSTICE SANJEEV SACHDEVA Digitally Signed By:KUNAL MAGGU MAC.APP. 310/2021 Signing Date:01.12.2021 |3 Signing Date:02.12.2021 07:36:23 20:26 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.