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2009 Supreme(SC) 1286

S.B.SINHA, CYRIAC JOSEPH
Reshma Kumari – Appellant
Versus
Madan Mohan – Respondent


Advocates appeared:
Ashok K. Mahajan, O.P. Goyal, S.N. Kalra, Yash Pal Dhingra and Atul Nanda, Advs. for Law Associates & Co., Anil Kumar Sharma, Sushil Balwada, A. Subhashini, Sameer Nandwani, K.L. Nandwani, S. K. Mishra and Debasis Misra, Advs

JUDGMENT

S.B. Sinha, J.

Leave granted.

1. Application of the principles for grant of compensation under the Motor Vehicles Act, 1939 (for short 'the 1939 Act') and the Motor Vehicles Act, 1988 (for short 'the 1988 Act') is the question involved herein. Before, embarking on the said question we may notice the fact of the matters involved in each case.

Civil Appeal arising out of SLP (C) No. 8205/2007

2. Madan Mohan Singh Saini met with an accident on 3rd September, 1987, when the scooter on which he was riding, collided with a Maruti van, driven by respondent No. 1. Respondent No. 2 is the insurer. He was admitted to Ram Manohar Lohia Hospital where he succumbed to his injuries on 8th September, 2006.

Appellants herein who are, wife, children and mother of the deceased filed a claim petition before the Motor Accident Claims Tribunal, New Delhi, under Sections 110A and 92A of the Act.

By an award dated 13th July, 1992 the Tribunal awarded a sum of Rs. 3,36,000/- by way of compensation with 12% interest from the date of filing of the claim petition.

3. Aggrieved by and dissatisfied with the said amount, appellants filed an appeal being FAO before the High Court of Delhi. A learned Single Judg

































































































































































































































































































































































































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