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The Oriental Insurance Co Ltd vs.chinta Devi & Ors - Court Judgment

SooperKanoon Citation

Court

Delhi High Court

Decided On

Appellant

The Oriental Insurance Co Ltd

Respondent

Chinta Devi & Ors

Excerpt:


...../ insurance company concerns the award of non-pecuniary damages by the tribunal by the impugned judgment dated 10.01.2017.2. it is noted that the accident had occurred on 02.07.2016. the non-pecuniary damages as included in the award are on the lines indicated by this court in shriram general insurance company ltd. vs. usha, mac1602015, decided on 05.05.2016. in this view, the appeal is devoid of substance and is dismissed. the pending application also stands dismissed.3. in terms of order dated 24.03.2017, the insurance company had been directed to deposit the entire awarded amount with interest with maca29817 page 1 of 2 the tribunal. the said deposited amount shall now be released to the claimants in terms of the impugned judgment.4. the statutory amount, if deposited, shall be refunded. july11 2017 yg r.k.gauba, j.maca29817 page 2 of 2

Judgment:


$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :

11. h July, 2017 + MAC.APP. 298/2017 and CM115512017 THE ORIENTAL INSURANCE CO LTD ..... Appellant Through: Mr. S.P. Jain and Mr. Himanshu Gambhir, Advocates Versus CHINTA DEVI & ORS ........ RESPONDENTS

Through: Ms. Hreeshika Bhargava for Mr. Manish Maini, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The only contention pressed at the hearing by the appellant / insurance company concerns the award of non-pecuniary damages by the Tribunal by the impugned judgment dated 10.01.2017.

2. It is noted that the accident had occurred on 02.07.2016. The non-pecuniary damages as included in the award are on the lines indicated by this Court in Shriram General Insurance Company Ltd. Vs. Usha, MAC1602015, decided on 05.05.2016. In this view, the appeal is devoid of substance and is dismissed. The pending application also stands dismissed.

3. In terms of order dated 24.03.2017, the insurance company had been directed to deposit the entire awarded amount with interest with MACA29817 Page 1 of 2 the Tribunal. The said deposited amount shall now be released to the claimants in terms of the impugned judgment.

4. The statutory amount, if deposited, shall be refunded. JULY11 2017 yg R.K.GAUBA, J.

MACA29817 Page 2 of 2


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