National Insurance Co. Ltd. v. Tamanna & Ors.

Delhi High Court · 05 May 2025 · 2025:DHC:3392
Tara Vitasta Ganju
MAC.APP. 282/2020
2025:DHC:3392
civil remanded

AI Summary

The Delhi High Court remanded motor accident compensation claims to the Tribunal for fresh hearing due to newly recorded evidence regarding Delhi Police constables' salary entitlement.

Full Text
Translation output
MAC.APP. 282/2020 & connected matter
HIGH COURT OF DELHI
Date of Decision: 05.05.2025
MAC.APP. 282/2020 & CM Appl.34654/2020
NATIONAL INSURANCE CO. LTD. .....Appellant
Through: Mr. Amit Kumar Singh and Ms. Rokosino Meyase, Advs.
VERSUS
SMT. TAMANNA & ORS. .....Respondents
Through: Mr. Bhupesh Narula, Mr. H.L.
Narula, Mrs. Rinku Narula, Mrs. Poonam Nagpal, Mr. Anugrah Ekka, Mr. Kanishk Taneja, Advocates for respondents.
(17)
MAC.APP. 205/2021 & CM Appl.75124/2024
TAMANNA & ORS. .....Appellants
Through: Mr. Bhupesh Narula, Mr. H.L.
Narula, Mrs. Rinku Narula, Mrs. Poonam Nagpal, Mr. Anugrah Ekka, Mr. Kanishk Taneja, Advocates for respondents.
VERSUS
PRAMOD & ORS. .....Respondents
Through: Mr. Amit Kumar Singh and Ms. Rokosino Meyase, Advs.for R-3.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral)
JUDGMENT

1. Learned Counsel for the parties submit that amongst the contentions that were raised before this Court, was whether the police constables of Delhi Police are entitled to 13 months’ salary. Pursuant to an Application being CM Appl.20445/2021 in MAC. APP. 205/2021, a Coordinate Bench of this Court by its order dated 13.12.2024 had directed that the evidence be MAC.APP. 282/2020 & connected matter recorded of personnel of the Delhi Police by the Registrar of this Court. 1.[1] Pursuant thereto, statement of HC Rajesh Garewal, was recorded and a gazette notification was filed.

2. Given that this evidence was not before the learned Tribunal, learned Counsel for the parties jointly submit that the matter may be remanded to the learned Tribunal for fresh adjudication.

3. Learned Counsel for the parties submit that no prejudice will be caused to the family of the deceased since a compensation in the sum of Rs.70 lakhs has already been disbursed.

4. Accordingly, and given the circumstances as detailed above and as set out in the present Appeals, this Court deems it apposite to remand the present matters to the learned Tribunal for hearing afresh. Let the parties appear before the learned Tribunal on 07.07.2025.

5. It is clarified that this Court has not examined the matter on merits. All rights and contentions of the parties are left open in this behalf.

6. The Appeals are accordingly disposed of in the aforegoing terms. All pending Applications also stand closed.