The Oriental Insurance Co. Ltd vs Smt.Muneesh Meena & Ors.
2011 Latest Caselaw 4335 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                              Date of Judgment: 05.9.2011


+             MAC APPEAL No.809/2010


THE ORIENTAL INSURANCE CO. LTD        ...........Appellant
                  Through: Mr.J.P.N.Shahi, Advocate.

                   Versus

SMT.MUNEESH MEENA & ORS.                       ..........Respondents
                Through:             Mr.M.K.Sharma, Advocate.


CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR

     1. Whether the Reporters of local papers may be allowed to
        see the judgment?

     2. To be referred to the Reporter or not?               Yes

     3. Whether the judgment should be reported in the Digest?
                                                          Yes

INDERMEET KAUR, J. (Oral)

1. The Award impugned is the Award dated 17.9.2010 vide

which the total compensation in the sum of `25,78,000/- had been

awarded in favour of the claimant; there are four claimants i.e. the

wife and the children of the deceased Narender Kumar Meena.

The petitioner is aggrieved on two counts; his contention is that

the "love and affection" which has been calculated at `1,00,000/-

is on the higher side and thus needs to be modified. Second

contention is that the interest of 9% per annum is also a higher

rate of interest which has been awarded and the interest should

have been awarded at 7.5% per annum. The Tribunal had relied

upon a judgment of this Court in Kailash Kaur & Anr. Vs. New

India Insurance Co. Ltd. MAC APPEAL No.318/2008 decided on

24.3.2009 for the grant of `1,00,000/- under the non-pecuniary

head i.e. under the head of "loss of love and affection"; in this

case also there were four claimants and `25000/- had been

awarded to each claimant. The court had noted that the loss of

love and affection suffered by the two minor daughters, old aged

mother and wife of the deceased cannot be compensated in terms

of money; in view of the aforesaid facts `1,00,000/- had been

awarded to the four petitioners of that case. Following the ratio

of the aforenoted judgment the Tribunal has also passed a similar

order. This finding in no manner calls for any interference.

2. The second contention of the learned counsel for the

petitioner is that in view of the judgment of the Apex Court in

Dharampal Vs. UP State Road Transport , III 2008 ACC(1) interest

should have been awarded at 7.5% per annum and not at 9% per

annum. The Award is modified to that extent only; it is

accordingly held that the Award granting a sum of `25,78,000/-

will carry interest @ 7.5% per annum which is from the date of

the filing of the petition up to realization. With these directions

this appeal is disposed of. Statutory amount be released in favour

of the claimant.

INDERMEET KAUR, J.

SEPTEMBER 05, 2011 nandan