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HIGH COURT OF DELHI
Date of Decision: 16.10.2019
ORIENTAL INSURANCE CO LTD ..... Appellant
Through: Mr. R.K. Tripathi, Advocate.
Through: Mr. Peeush Sharma and Mr. Bharvi Thakur, Advocates for R-1 & R-2.
JUDGMENT
1. After some arguments, the learned counsel for the applicant seeks to withdraw the applications.
2. The applications are dismissed as withdrawn. MAC.APP. 1165/2018, CM APPL. 54529/2018 & CM APPL. 19596/2019
3. The appellant impugns the award of compensation dated 26.10.2018 passed by the learned MACT in MACP No. 2152/16, on the ground that an amount equal to the pecuniary compensation has been awarded under nonpecuniary head as well. The Court would note that the impugned order has referred to the dicta of this Court in Chetan Malhotra v. Lala Ram dated 2019:DHC:5293 MAC.APP. 1165/2018 13.05.2016 in MAC No. 554/2010 and the principle laid down in R.K.Malik and Anr. v. Kiran Pal and Others (2009) 14 SCC 1.
4. In view of the above, no error is found in the impugned order. The appeal is without merit and is, accordingly, dismissed.
5. The awarded amount be released to the beneficiaries of the Award, in terms of the scheme of disbursement as specified in the Award.
6. The statutory amount, alongwith interest accrued thereon, be deposited into the ‘AASRA’ Fund opened by this Court.
NAJMI WAZIRI, J OCTOBER 16, 2019 RW