•si IN THE HIGH COURT OF DELHI AT NEW DELHI MACA Nn.388/2m O Date of Decision: TiilvOfl. 2010 ROYAL SUNDARAMALLIANCEINSURANCECO. LTD. Appellant through Mr. Pankaj Seth, Advocate versus KUNTI DEVI BHANDARI&ORS Respondents through None CORAM: HON'BLE MISS JUSTICE REKHA SHARMA 1. Whether the reporters of local papers may be allowed to see the judgment? 2. To be referred to the reporter or not? 3. Whether the judgment should be reported in the 'Digest'? REKHA SHARMA. 1. (ORAL) This appeal has been preferred against the award of the Motor Accident Claims Tribunal, Dwarka Courts (hereinafter referred to as the Claims Tribunal) dated January 27, 2010 on the sole ground that though it was the claimants' own case that two vehicles, namely, Maruti Alto Car in which they were travelling and, a tractor-trolley were involved in the accident and that the accident was caused because of the composite neghgence of both the vehicles, yet the Claims Tribunal has not granted to the appellant the right to recover MACANo.388/2010 Page 1 of 3 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified the compensation which it has been durected to pay to the claimants, from the owner, driver and insurer of the tractoir-trolley. A perusal of the impugned judgment does go to show that the claimants did state before the Claims Tribunal that the accident had occurred due to the composite neghgence of both the vehicles. In this view of the matter, the Claims Tribunal should have left the question of negligence open and ought to have granted liberty to the appellant to take recourse to the appropriate proceedings as per law in order to recover the amount paid to the appellant from the owner, driver and I insurer of the tractor-trolley. Having regard to this error in the judgment, I grant to the appellant the right to take recourse to appropriate proceedings to recover the compensation amount from the owner, driver and insurer of the tractor-trolley. The appeal is disposed of. Dasti. C.M. No.11605/2010 This is an apphcation by the appellant seeking stay of the impugned award. The appellant is directed to deposit the awarded amount along with interest @ 9% per annum as determined by the Tribunal within four weeks from now and on the deposit so made, the awarded amount shall be released to the claimants in terms of the award of the Tribunal. In case the appellant fails to deposit the awarded amount within the stipulated period, it shall become hable to pay future interest as directed by the Tribunal. MACA No.388/2010 Page 2 of 3 The Registry is directed to refund the statutory amount of Rs.25,000/- which the appellant has deposited in this Court as a pre-condition to the hearing of the appeal. The apphcation is disposed of. REKlCrSHARMA, J. JULY 09, 2010 ka MACA No.388/2010 Page 3 of 3