MAC .APP.604/2008 Page 1 of 2 13 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 604/2008 Date of Decision: 20th April, 2009 % THE NEW INDIA ASSURANCE CO LTD ..... Appellant Through : Mr. Pankaj Seth, Adv. versus BISHAN DEV SINGH AND ANR ..... Respondents Through : None. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 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.80,000/- has been awarded to respondents No.1. 2. The accident dated 20th – 21st January, 2005 resulted in fracture in fibula to respondent No.1. Respondent No.1 deposed before the learned Tribunal that he has spent Rs.10,000/- on treatment and Rs.4,000/- on special diet. However the bills were not produced. Respondent No.1 was working with a tent house earning Rs.3,500/- and he could not work for eight months because of the accident. MAC .APP.604/2008 Page 2 of 2 3. In the absence of documentary evidence to prove the expenses on treatment, special diet as well as loss of income, the learned Tribunal drew the presumptions guided by Section 114 of the Indian Evidence Act and awarded Rs.80,000/- to the claimants. 4. I do not find any infirmity in the computation of compensation by the learned Tribunal. 5. The appeal is, therefore, dismissed in limine. 6. The Registry is directed to refund the statutory amount of Rs.25,000/- to the appellant within two weeks. CM No.17371/2008 1. For the reasons stated in the application, the delay of 66 days in filing of this appeal is condoned. 2. CM stands disposed of. CM No.17370/2008 Dismissed. J.R. MIDHA, J APRIL 20, 2009 aj