Seema vs New India Assurance - 2022 Supreme(Del) 1797

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 1797

GAURANG KANTH
Seema – Appellant
Versus
New India Assurance – Respondent

Advocates appeared:
Mr. Anshuman Bal, Advocate., for the Appellant; Mr. Pankaj Seth, Advocate., for the Respondent No. 1

JUDGMENT

Gaurang Kanth, J. - The present appeal has been preferred by the Appellant under Section 173 of the Motor Vehicles Act, 1988 seeking enhancement of compensation awarded vide Award dated 02.05.2013 ('impugned Award') passed by the Court of learned Presiding Officer, Motor Accident Claims Tribunal (East), Karkardooma Courts, Delhi.

2. By way of the impugned Award dated 02.05.2013 the learned Tribunal Awarded a compensation of Rs. 5,56,360/- alongwith interest @ 7.5 % per annum from the date of filing of the claim petition till realization of the amount and directed the Insurance Company to deposit the entire awarded amount before the learned Claims Tribunal.

SUBMISSION ON BEHALF OF THE APPELLANTS/CLAIMANTS

3. Mr. Anshuman Bal, learned counsel appearing on behalf of the appellants seeking enhancement of the awarded compensation contended that the learned Claims Tribunal erred in ignoring the testimony of PW-1, Smt. Seema which proved that the deceased was running a shop and was earning Rs. 6,000/- per month. He further contended that since the salary of the deceased was proved before the learned Claims Tribunal, the learned Claims Tribunal ought not to have calculated the compens