Union Of India v. Jai Singh & ANR.

$-12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 24th February, 2015 + MAC.APP. 145/2013 UNION OF INDIA ..... Appellant Through:

Mr. Aakash D. Pratap, Advocate versus JAI SINGH & ANR ..... Respondents Through:

Mr. Nitin Yadav, Advocate for Respondent no.1.

CORAM:

HON'BLE MR. JUSTICE G.P.MITTAL

J U D G M E N T

G. P. MITTAL, J. (ORAL) 1.

The appeal is for reduction of compensation of Rs.6,06,809/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of Respondent no.1 for having suffered injuries in a motor vehicular accident which occurred on 20.08.2010 at about 6:15 p.m.

2.

It is urged by the learned counsel for the Appellant that

Respondent no.1 ought to have been granted compensation under the Workmen Compensation Act, 1923. It is urged that the compensation awarded is exorbitant and excessive. 3.

Admittedly, Respondent no.1 was not an employee of the Appellant having suffered injuries during the course of his employment. Thus, Respondent no.1 was not obliged to seek any compensation under the Workmen Compensation Act, 1923. In fact, it was not permissible for Respondent no.1 to seek compensation under the Workmen Compensation Act, 1923.

4.

The learned counsel for the Appellant has failed to point out under what head the compensation awarded is unjust or exorbitant and excessive.

5.

The impugned judgment does not call for any interference. 6.

The appeal is accordingly dismissed.

7.

The compensation amount deposited shall be kept in Fixed Deposit/released in terms of the orders passed by the Claims Tribunal.

8.

Pending applications also stand disposed of.

9.

Statutory amount, if any, deposited shall be refunded to the Appellant.

(G.P. MITTAL) JUDGE FEBRUARY 24, 2015 pst