Bindra Prasad Tiwari v. Manoj Kumar & Anr

Delhi High Court · 07 Dec 2009 · 2009:DHC:5236
J. R. Midha
MAC.APP.No.595/2009
2009:DHC:5236
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal and upheld the Tribunal's adjustment of compensation by deducting the amount already paid to the appellant to prevent double recovery.

Full Text
Translation output
HIGH COURT OF DELHI
MAC.APP.No.595/2009
Date of Decision: 7th December, 2009 BINDRA PRASAD TIWARI ..... Appellant
Through : Mr. Y.R. Sharma, Adv.
VERSUS
MANOJ KUMAR & ANR ..... Respondents
Through : None.
CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT

1. Whether Reporters of Local papers may NO be allowed to see the Judgment?

2. To be referred to the Reporter or not? NO

3. Whether the judgment should be NO reported in the Digest? JUDGMENT (Oral)

1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.9,000/- has been awarded to the appellant.

2. The accident dated 28th June, 2006 resulted in the injuries to the appellant who filed the claim petition before the learned Tribunal. The learned Tribunal passed an award for Rs.9,000/- along with interest @ 7.5% per annum in favour of the appellant and against the respondents.

3. The only ground urged by learned counsel for the appellant at the time of hearing of this appeal is that the learned Tribunal has erred in adjusting the compensation of 2009:DHC:5236 the concerned Metropolitan Magistrate.

4. The learned counsel for the appellant refers to the order passed by the learned Metropolitan Magistrate and the statement made by the appellant before the concerned Metropolitan Magistrate.

5. The appellant has stated before the concerned Metropolitan Magistrate that he shall receive the amount of Rs.10,000/- from the respondent as compensation.

6. There is no merit or substance in this appeal as the learned Tribunal has rightly adjusted the compensation of Rs.10,000/- paid by the respondents to the appellant before the concerned Metropolitan Magistrate.

7. The appeal is, therefore, dismissed. J.R. MIDHA, J DECEMBER 07, 2009 mk