United India Insurance Co Ltd vs Nimantra Devi & Ors
2010 Latest Caselaw 4726 Del

                                                       UNREPORTABLE


*      IN THE HIGH COURT OF DELHI AT NEW DELHI


                         MAC App. No.527/2010


                                      Date of Decision: October 06, 2010


       UNITED INDIA INSURANCE CO LTD                ..... Appellant
                       through Mr. A.K.De, Advocate with Mr. Rajesh
                       Dwivedi, Advocate

                   versus


       NIMANTRA DEVI & ORS                   ..... Respondents
                      through Mr. N.K.Sharma, Advocate for
                      respondents No.1 to 6.

       CORAM:
       HON'BLE MISS JUSTICE REKHA SHARMA

1.     Whether the reporters of local papers may be allowed to see the
       judgment? No
2.     To be referred to the reporter or not? No
3.     Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL)

The only grievance of the appellant/United India Insurance

Company Limited against the impugned award dated April 21, 2010 is

that the learned Motor Accident Claims Tribunal has awarded a sum of

` 1,50,000/- towards loss of love and affection which is highly

excessive.

A perusal of the impugned award, particularly, paragraph-59 of

the same goes to show that the Claims Tribunal has relied upon a

judgment of this Court in the case of Kailash Kaur & Another V/s New

India Insurance Company Limited, bearing MAC Appeal No.313/08

decided on March 24, 2009 wherein it has been held that

compensation for loss of love and affection and loss of company should

be at the rate of ` 25,000/- to each of the petitioner.

The claimants in the present appeal are the widow, three

children and the parents of the deceased. Going by the

aforementioned judgment of this Court, the Tribunal has awarded a

sum of ` 1,50,000/- towards loss of love and affection. I find no

infirmity in the award of the Tribunal.

There is no merit in the appeal. The same is dismissed.

REKHA SHARMA, J OCTOBER 06, 2010 ka