Km.Sugandh Thr.Natural Gurdian & Ors v. Jagphool Singh & Ors

V.B.GUPTA, J. rs

* HIGH COURT OF DELHI : NEW DELHI FAO App. No.444/2003 % Judgment reserved on:11th September, 2008 Judgment delivered on:30th September, 2008 1. Kumari Sugandh-Minor Through her next friend/natural guardian/mother Smt. Renu Bansal, rc/o Lala Radhey Shyam Anil Kumar, r/o9 WZ-1499, Nangalrai Cantt., New Delhi 2. Late Shri Bhagwan Dass Bansal through L.Rs. 2-a. Sh. Pawan Bansal-Son r/o. A-2-A/3, Janakpuri, Delhi-58 2-b. Shri Ashwini Bansal-Son r/o. A-2-A/3, Janakpuri, Delhi-58. 2-c. Smt. Usha Goel wife of Shri Satish Kumar- D/o. r/o. C-6/66, Keshav Puram, Delhi-35. 2-d. Smt. Sheela Gupta W/o. Sh. Murli Gupta- D/o. r/o.K-5/90, Gali No.27, Bhagat Singh Chowk, Bahajanpura, Delhi. 2-e. Smt. Neena Gupta W/o. Shri. Parveen Gupta- D/o. r/o. 232, Ram Nagar, Ambala City, Haryana 3. Smt. Kela Rani A-2A/3, Janakpuri, Delhi-58 ….Claimants. Through: Ms. Sushma Aggarwal, Adv. Versus 1. Sh. Jagphool Singh S/o. Sh. Subhash Chander (Owner), Dhamdahera District Gurgaon (Haryana) 2. Sh. Dharamveer S/o. Sh. Bansi Lal (Driver) VillageManithi, P.S. Khol, District Rewari (Haryana) 3. M/s. Mewat Financiers E-150, East of Kailash, New Delhi 4. The New India Assurance Co. Ltd. Dhamdera, Distt. Gurgaon (Haryana) Also At:- The New India Assurance Co. Ltd., Regional Office No.1, Jeevan Bharti Building, 5th Floor, Tower-II, 124, Connaught Place, New Delhi-1. …Respondents. Through: None. Coram: HON'BLE MR. JUSTICE V.B. GUPTA 1. Whether the Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes V.B.Gupta, J. Appellants have filed present appeal under Section 173 of the Motor Vehicles Act, 1988 (for short as "Act") seeking enhancement of the compensation awarded in this case vide judgment dated 20th January, 2003 passed by Ms. Rekha Sharma, J. (the then Judge, MACT) (for short as "Tribunal"). 2. The Tribunal in this case awarded a compensation of Rs.6,34,272/- along with interest @ 9% p.a. from the date of filing of petition till realization. 3. Initially, the claim petition was filed by one Smt. Renu Bansal, (widow of Lt. Abhimanyu Bansal). Sh. Bhagwan Das Bansal (father of deceased) and Smt. Kela Rani, appellant No.3, herein (mother of deceased). 4. During the course of trial, an application was filed for deleting the name of Smt. Renu Bansal, as well as appellant No.1, Kumari Sugandh (Minor), from the array of the parties. 5. It was stated in the application that Smt. Renu Bansal has re-married and had also taken appellant No.1, with her, where she was being brought up as a member of the family of her new husband. 6. That application was partly allowed vide order dated 2nd June, 1998 passed by the Tribunal, holding that in view of the second marriage of Smt. Renu Bansal, she was not entitled to claim compensation. Accordingly, her name was deleted from the array of the petitioners. However, no order for deletion was passed in respect of appellant No.1. 7. The facts relevant for disposal of the present appeal are, that on 11th November, 1995 at about 3.30 p.m., Sh. Abhimanyu Bansal was going from Dhaula Kuan to Janak Puri on his motorcycle No.DL-4S-K-5713. When he reached the round about at Dhaula Kuan, Police Picket, a truck No. HNG-4116, which was being driven by respondent No.2 in a rash and negligent manner, struck against his motorcycle. As a result of the impact, Abhimanyu Bansal fell down on the road and died instantaneously. He was taken to Safdarjung Hospital where he was declared "brought dead". 8. Summons of the claim petition were sent to the owner of the truck/respondent No.1, its driver/respondent No.2, the financer of the offending truck/respondent No.3 and respondent No.4/Insurance Company, with whom the truck was insured. 9. None of the respondents, except the Insurance Company responded to the summons. 10. The Insurance Company, in its written statement denied its liability to pay compensation. It was inter-alia alleged, that the