MAYA DEVI Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) THE present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 7/9/2009 passed by Motor Accidents Claims Tribunal, Dwarka Courts, Delhi in MACT No. 889/08.

(2.) THE brief facts leading to the filing of the present appeal are that on 07.03.2006, one Shri Vijender Singh met with an accident while travelling on his motorcycle bearing no. DL-9SN-4753 alongwith his wife, Smt. Maya Devi. THE said Shri Vijender Singh (hereinafter referred to as "the deceased") died as a result thereof, whereas Smt. Maya Devi suffered injuries on her person. Two separate claim petitions bearing MACT No.887/08 and 889/08 were filed, the former by Smt. Maya Devi claiming compensation in respect of the injuries sustained by her and the latter seeking compensation for the death of her husband Shri Vijender Singh. Both these petitions were filed against the driver, owner and insurer of the offending vehicle, bearing No.HR-55-0936. THE Tribunal decided both the said petitions by a common judgment and award dated 07.09.2009, awarding a sum of Rs. 99,000/- and Rs. 18,85,000/- in respect of Petitions No.887/08 and 889/08 respectively. THE claimants in the Petition No. 889/08, that is, the widow, children and father of the deceased, being aggrieved by the manner of computation of compensation by the Tribunal have filed the present appeal for enhancement of compensation.

(3.) IN support of his aforesaid contention, the learned Counsel for the appellants has relied upon the decision of the Delhi High Court in the case of National Assurance Company Ltd. Vs. Smt. Neelam and Ors. 2009 ACJ 992. The learned counsel for the respondent- INsurance Company, on the other hand, relied on the judgment of the Supreme Court in the case of Bhakra Beas Management Board v. Smt. Kanta Aggarwal and Ors. (2008) 11 SCC 366.