Rajinder Singh vs Balvinder Singh - 2022 Supreme(Del) 2002

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 2002

GAURANG KANTH
Rajinder Singh – Appellant
Versus
Balvinder Singh – Respondent

JUDGMENT

Gaurang Kanth, J. The present appeal has been preferred by the Appellant under Section 173 of the Motor Vehicles Act, 1988 against the Award dated 29.07.2013 ("impugned award") passed by the Court of learned Presiding Officer, Motor Accident Claims Tribunal, (South-1), Saket Courts, New Delhi.

2. By way of impugned award dated 29.07.2013 the learned Claims Tribunal awarded a compensation of Rs.29,99,038/- (inclusive of interim award, if any) with interest @ 9% per annum from the date of filing of the claim petition till realization of the amount and directed the Insurance Company to pay the entire awarded amount within a period of one month.

SUBMISSION OF THE APPELLANT

3. Mr. Y.P. Laroya, learned counsel for the appellant while seeking enhancement of the compensation contended that the learned Claims Tribunal has passed the impugned award without appreciating the principles of law, documents and the evidence on record. Learned counsel for the appellant further contended that the learned Claims Tribunal erred in calculating the monthly income of the deceased/victim as Rs.35,000/- per month, however, taking into account the deposits made by the deceased/victim, the income of