Kamini Khanna And Anr. vs Pradeep Kumar And Ors.
2011 Latest Caselaw 2422 Del

                                      UNREPORTED
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+     FAO No. 391/1999


      KAMINI KHANNA AND ANR.           ..... Appellants
                  Through: Mr. O.P.Mannie, Advocate.

                  versus


      PRADEEP KUMAR AND ORS.                      ..... Respondents
                  Through: None.


%                          Date of Decision : May 05, 2011

CORAM:
HON'BLE MS. JUSTICE REVA KHETRAPAL

1. Whether reporters of local papers may be allowed
   to see the judgment?
2. To be referred to the Reporter or not?
3. Whether judgment should be reported in Digest?

                           O R D E R (Oral)

: REVA KHETRAPAL, J.

1. This appeal is directed against the judgment and award dated

04.02.1999 in suit No. 198/1998 whereby the appellants were

awarded a sum of ` 1,02,112/- against the claimed amount of `

3,00,000/- with interest thereon at the rate of 12% for a limited period

of time.

2. Although, a number of grounds for assailing the award passed

by the Claims Tribunal have been raised in the Memorandum of

Appeal, Mr. O.P.Mannie, the counsel for the appellants states that

with the passage of time most of the said grounds have become

redundant and that he only wishes to pray for the grant of non-

pecuniary damages for the loss of love and affection.

3. In view of the fact that no non-pecuniary damages have been

awarded towards the loss of love and affection, the appellants are

granted non-pecuniary damages in the sum of Rs.10,000/- for loss of

love and affection, along with interest thereon at the rate of 12% per

annum from 11.05.1990 to 03.08.1993 and from 14.05.1998 till

realization as awarded by the learned Tribunal.

4. The enhanced amount along with the interest thereon at the

rate of 12% per annum shall be paid to the appellant, Sh. O.P.

Khanna, the mother of the deceased having expired during the

pendency of the appeal, by the respondent No. 3/Insurance Company

within thirty days from today by depositing a cheque with the

Registrar General of this Court.

The appeal stands disposed of in the above terms.

REVA KHETRAPAL (JUDGE) May 05, 2011 ak