The Oriental Insurance Co Ltd v. Chinta Devi & Ors.

Delhi High Court · 11 Jul 2017 · 2017:DHC:3433
R.K. Gauba
MAC.APP. 298/2017
2017:DHC:3433
civil appeal_dismissed Significant

AI Summary

The Delhi High Court dismissed the insurance company's appeal against the award of non-pecuniary damages in a motor accident claim, upholding the Tribunal's compensation in line with established judicial precedents.

Full Text
Translation output
MACA 298/17 HIGH COURT OF DELHI
Date of Decision: 11th July, 2017
MAC.APP. 298/2017 and CM 11551/2017
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, MAC 160/2015, 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 2017:DHC:3433 MACA 298/17 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. R.K.GAUBA, J. JULY 11, 2017 yg