- (1.) This appeal has been filed against the judgment and award passed by M.A.C.T. Brief facts of the case are as under: On 11.5.2006, deceased Mr. Beerbal along with his friend Suman Prakash was going from his house towards Sindhi Camp Bus Stand by Motor Cycle and at about 11.00 p.m. when they reached opposite a temple just prior Chomu Cricle, a Maruti Car No. RJ-14-3C-9161 driven by its driver in rash and negligent manner came from opposite side and hit the motor cycle. As a result of which, both the occupants of motorcycle fell down and got grievously Injured. Mr. Beerbal succumbed to injuries. Thereafter FIR was lodged, claim petition was filed, notices were issued, issues were framed, evidence was recorded and after hearing both the sides, the learned Tribunal decreed an amount of Rs. 8,81,000 in favour of claimants and against the non-claimants vide its judgment and award dated 31.3.2008 along with interest @ 9% per annum.
(2.) Against the aforesaid judgment and award, the claimants filed Civil Misc. Appeal No. 2091/2008 titled as Smt. Meenu Singh & Ors. v. Mazid Khan & Ors., before this Court. On 27.5.2011, the aforesaid appeal was remanded by this Court to the learned Tribunal for fresh adjudication qua issue No. 4 in the light of the judgment of Hon'ble Apex Court rendered in the case of Sarla Verma & Ors. v. Delhi Transport Corporation and Another, 2009 162 DLT 278. Thereafter on 5.1.2012, the issue No. 4 has been decided by the learned Tribunal afresh and amount of compensation has been enhanced from Rs. 8,81,000 to Rs. 12,59,000. Against the aforesaid judgment and award dated 5.1.2012, the instant appeal has been filed by the New India Assurance Company Ltd.
(3.) Learned Counsel for the appellant has contended that he is not contesting or challenging or disputing the amount of award dated 31.3.2008 passed by the learned Tribunal, but he is only requesting to this Court that whatever the amount has been enhanced by the Tribunal while passing the judgment and award dated 5.1.2012 be set-aside. Learned Counsel has further contended that the Tribunal had to decide issue No. 4 afresh on the basis of the judgment delivered by the Hon'ble Apex Court in the case of Sarla Verma and according to which the amount of salary cannot be enhanced. He has further contended that at the time of passing the previous judgment and award dated 31.3.2008, the issue No. 4 had rightly been decided by the learned Tribunal. The learned Tribunal has committed material illegality while enhancing the amount of compensation under the judgment and award dated 5.1.2012. Hence, the judgment and award dated 5.1.2012 passed by the learned Tribunal, vide which the amount of compensation has been enhanced, be set-aside.;