G. P. Mittal, J. (ORAL)

CM. APPL No.16457/2010 (delay) in MAC APP. No.607/2010

There is a delay of 64 days in filing the Appeal. The ground set up is that the Appellant could not obtain the copy of the award for filing the Appeal. For the reasons stated in the application, the delay is condoned.

The application stands disposed of.

MAC.APP. 353/2010 and MAC.APP. 607/2010

1. These two Appeals (MAC APP.353/2010 and MAC APP.607/2010) arise out of a judgment dated 25.02.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) in MACT Case No.399/2007 whereby while awarding a compensation of Rs.94,500/- including an interim compensation of Rs.50,000/-, the Second Respondent MCD was directed to pay the monthly compensation @ Rs.1750/- till the death of the Appellant or her re-marriage, whichever is earlier.

2. Both the parties are aggrieved by the judgment. Appellant Mamta's (hereinafter referred to as the Claimant) plea is that the compensation should have been granted on lumpsum basis with addition towards future prospects whereas MCD's (the Second Respondent) plea is that the Claimant failed to establish negligence on the part of the driver Satpal (the First