MAC.APP.Nos.135/2008 & 359/2008

Page 1 of 8

45 & 46

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 23^rd November, 2009

+

MAC.APP.No.135/2008

NEW INDIA ASSURANCE CO. LTD. ..... Appellant

Through : Mr. Pankaj Seth, Adv.

versus

GANGA DEVI & ORS.

..... Respondents

Through : Mr. Navneet Goyal, Adv.

for R-1 and 2.

+

MAC.APP. 359/2008

GANGA DEVI & ORS.

..... Appellants

Through : Mr. Navneet Goyal, Adv.

versus

NEW INDIA ASSURANCE CO.LTD. &ORS. ..... Respondents

Through : Mr. Pankaj Seth, Adv.

CORAM :-

THE HON'BLE MR. JUSTICE J.R. MIDHA

1.

Whether Reporters of Local papers may

YES

be allowed to see the Judgment?

2. To be referred to the Reporter or not?

YES

3. Whether the judgment should be

YES

reported in the Digest?

JUDGMENT (Oral)

1. New India Assurance Co. Ltd. (hereinafter referred to as

‘Insurance Company’) and Smt. Ganga Devi and Radhey Lal

Meena (hereinafter referred to as ‘claimants’) have challenged

the award of the learned Tribunal whereby compensation of

Rs.9,60,352/- has been awarded to the claimants.

2. MAC.APP.No.135/2008 is the appeal by the Insurance

2009:DHC:4947

MAC.APP.Nos.135/2008 & 359/2008

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Company whereas MAC.APP.No.359/2008 is the appeal by the

claimants.

MAC.APP.No.135/2008

1. The accident dated 12^th August, 2003 resulted in the death

of Dr. Brij Mohan. The deceased was survived by his parents who

filed the claim petition before the learned Tribunal.

2. The deceased was driving motocycle bearing No.DL-3S-AE-

2673 while going from Mehrauli side to Safdarjung Hospital.

When the deceased reached Aurobindo Market near Yusuf Sarai

Market, he was hit by blueline bus bearing No.DL-1PB-5261 due

to which the deceased fell down and suffered fatal injuries. The

driver of the bus parked the bus at the nearby bus stand and ran

away from the spot.

3. The deceased was 24 years old at the time of the accident.

The deceased had completed his MBBS and was doing one year

internship with Guru Teg Bahadur Medical College, Shahadara

and was getting stipend of Rs.5,000/- per month. The deceased

had also cleared the UPSC examination for the post of medical

officer and was scheduled to be appointed as medical officer after

completing the internship.

4. The claimants produced four witnesses before the learned

Tribunal. PW-1 - Head Constable, Atar Singh produced the record

of FIR No.383/03 dated 12^th August, 2003 and proved the copy of

the FIR as Ex.PW1/A.

5. PW-2 – J.P. Rathi, Senior Assistant, University College of

Medical Science, GTB Hospital proved that the deceased took

2009:DHC:4947

MAC.APP.Nos.135/2008 & 359/2008

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admission in MBBS course in 1997. The witness produced the

complete record of the deceased which was proved as Ex.PW2/A.

PW-2 further deposed that the deceased was doing internship at

the time of the accident after completing 4½ years course. PW-2

further deposed that after completing MBBS course, preference is

given to internal candidates for being absorbed as Junior Resident

Doctors at a salary of Rs.18,000/- to Rs.20,000/- per month. The

deceased was getting a stipend of Rs.5,000/- per month at the

time of the accident.

6. The father of the deceased appeared as PW-3 and deposed

about the educational and professional qualifications of the

deceased. PW-3 also tendered the certified copies of the

chargesheet, FIR, site plan, recovery memo, application for

mechanical inspection and inspection reports of the bus as well

as motorcycle, registration certificate of the bus and post-mortem

report as Ex.P2 to Ex.P11. The copies of the degrees, marksheets

and certificates in respect of educational and professional

qualifications were proved as P-12 to P-19.

7. Bhagwat

Singh

Verma,

eye-witness

of

the

accident

appeared as PW-4 and deposed that the deceased was riding on

his mot