LAWS(DLH)-2011-7-278

GURCHARAN KAUR Vs. RAJA RAM

Decided On July 11, 2011
GURCHARAN KAUR Appellant
V/S
RAJA RAM Respondents

JUDGEMENT

(1.) This appeal seeks to assail the award dated 3 rd September, 1987 passed by the Motor Accident Claims Tribunal, Delhi in Suit No.186/80 instituted on 29.12.1980 on the ground that the award amount is meagre and inadequate.

(2.) At the outset, it may be mentioned that this case has a chequered history. Initially this appeal was dismissed in limine on 26.07.1988 by a learned Single Judge of this Court. A Letters Patent Appeal, being LPA No.49 of 1988, was filed against the said dismissal in limine, which was decided on 15.02.2001 by a Division Bench of this Court, enhancing the award amount to 1,52,000/- with interest thereon. A review application, being CM No.1147/2001, was filed against this judgment on the ground that the counsel for the Insurance Company was present in the Court and yet it was recorded that none had come forward to represent the Insurance Company. The review application was allowed by passing the following order:

(3.) Eventually, by its judgment dated 05.10.2009 the Division Bench disposed of the LPA sending the matter back to the Single Bench with the direction to the Single Judge that the same be disposed of on merits by passing a speaking order. This is how the appeal has come up for hearing before this Court.