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Judgment
R.K.Gauba, J
In calculating the loss of dependency, on account of death of Ravinder Kumar in a motor vehicular accident that took place on 10.10.2011 due to
negligent driving of a motor vehicle described as Tempo bearing registration no.DL-1LM-2391 (tempo), on the basis of evidence led during inquiry into
accident claim case (suit no.557/2011) instituted by the first to fourth respondent (collectively, the claimants), the Motor Accident Claims Tribunal
(Tribunal) concluded, by judgment dated 04.04.2012 that the income of the deceased was Rs.15,000/- p.m. It is this finding which is questioned by the
appeal at hand.
Having heard the learned counsel for the insurance company and having gone through the record, this court finds no error in the view taken by the
tribunal. The finding is duly supported by the evidence of Balbir Singh (PW-2), the employer of the deceased, whose evidence is found to be credible.
The tribunal had also directed that in case the insurance company did not pay the awarded amount within the specified period (one month), it will be
liable to pay interest at an enhanced rate of 12% p.a. Since the insurer exercised the right of appeal, and a conditional stay was granted by order dated
17.07.2012, it having complied with the direction for deposit, the direction for penal interest is vacated.
By order dated 17.07.2012, the insurance company had been directed to deposit the entire awarded amount with up-to-date interest with UCO
Bank, Delhi High Court branch and from out of such deposit, fifty percent (50%) was permitted to be released to the claimants. The balance with
accrued interest shall also now be released to the claimants in terms of the judgment of the tribunal.
The statutory deposit shall be refunded to the insurance company after proof is shown of the award having been satisfied.
The appeal and pending application stand disposed of accordingly.