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HIGH COURT OF DELHI
Date of Decision: 22nd May, 2018
NAREN GURUNG & ANR. ...... Appellants
Through: Mr. A. Mariarputham, Advocate General Sikkim, with Ms.Aruna
Mathur, Mr.Avneesh Arputham, Ms.Anuradha Arputham, Advocates
Through: Mr. S.N. Parashar, Advocate
JUDGMENT
1. The appellants have challenged the award of the Claims Tribunal whereby compensation of Rs.1,53,300/- has been awarded to respondent No.1.
2. Respondent No.1 was a pillion rider on motor cycle bearing No. HR 26-AS-4067 which met with an accident with the appellants’ vehicle bearing No. SK-04-B-0049 on 28th June, 2017. Respondent No.1 suffered grievous injuries in respect of which the Claims Tribunal awarded compensation of 2018:DHC:3381 Rs.1,53,300/-.
3. Learned senior counsel for the appellants urged at the time of the hearing that the driver of the motor cycle was negligent and has been held to be 50% contributory negligent by this Court in MAC.APP.234/2018 and MAC.APP.291/2018 and the liability of the appellants be reduced to 50% in this case also.
4. Learned counsel for respondent No.1 submits that this is a case of composite negligence and injured can claim the compensation from any of the joint tortfeasers.
5. This Court is satisfied that this is a case of composite negligence and respondent No.1 had an option to recover the compensation amount from any of the two joint tortfeasers. In that view of the matter, there is no infirmity in the award of the compensation by the Claims Tribunal against the appellants.
6. The appeal is dismissed. The pending application is disposed of.
7. The appellants have deposited the entire award amount with the February,
2018.
8. Respondent No.1 is present in Court and has produced passbook of his savings bank A/c No.41848100012013 with Bank of Baroda, Karawal Nagar Branch, Delhi, IFSC Code:- BARB0KARAWA containing the necessary endorsement in terms of the para-5 of the order dated 28th February, 2018 as well as PAN card and Aadhaar card along with the letter written to the Bank by the claimant.
9. The Registrar General is directed to release the award amount deposited by the appellants to respondent No.1 by instructing UCO Bank, Delhi High Court Branch to transfer the entire award amount along with interest accrued thereon to the savings bank account of respondent No.1 mentioned above.
10. List for reporting compliance on 30th July, 2018.
11. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master. MAY 22, 2018 J.R.MIDHA, J. dk