The New India Assurance Co. Ltd. v. Ram Dhari Pal And Others
$~R-210 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 328/2009 THE NEW INDIA ASSURANCE CO. LTD.
..... Appellant Through:
Mr. Pankaj Seth and Mr. Shoumik Mazumdar, Advocates versus RAM DHARI PAL AND OTHERS .....Respondents Through:
Nemo
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
O R D E R
% 14.02.2017 In a road accident on 9th April, 2007, one Subhash Chand aged 22 years had died and vide impugned Award of 1st October, 2008, his legal heirs have been granted compensation of `4,98,333/- while treating the claim petition to be one under Section 163-A of Motor Vehicles Act, 1988. The factual position narrated in impugned Award needs no reproduction for the reason that challenge to impugned Award in this appeal is on the ground of quantum of compensation awarded. The precise submission of learned counsel for appellant-Insurer is that after the evidence was led, it was not proper for learned Tribunal to have converted the petition from one under Section 166 of Motor Vehicles Act, 1988 to one under Section 163-A of Motor Vehicles Act, 1988 as it is apparent from the evidence on record that the deceased was earning much more than `40,000/- per annum. Respondents were duly represented by counsel. It is so evident from order of 9th December, 2009. MAC.APP. 328/2009
At the final hearing of this appeal, learned counsel for appellant-Insurer was called upon to inform learned counsel for respondents-claimants about the next date of hearing in this appeal and the needful is done. Still, none has appeared on behalf of respondents.
Upon hearing and on perusal of impugned Award, it becomes clear that appellant's application under Section 170 of Motor Vehicles Act, 1988 has been already dismissed by learned Tribunal vide order of 31st January, 2008. It is so recorded in paragraph No.5 of impugned Award. In view of dismissal of appellant's application under Section 170 of Motor Vehicles Act, 1988, appellant is precluded from assailing impugned Award on the quantum aspect. Accordingly, this appeal is dismissed.
Statutory deposit, if any, be refunded to appellant-Insurer as per Rules.
(SUNIL GAUR) JUDGE FEBRUARY 14, 2017 s MAC.APP. 328/2009