Sunita Devi & Ors vs New India Assurance Co Ltd
2013 Latest Caselaw 3732 Del

Citation : 2013 Latest Caselaw 3732 Del
Judgement Date : 23 August, 2013

Delhi High Court

Sunita Devi & Ors vs New India Assurance Co Ltd on 23 August, 2013

Author: Suresh Kait

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%             Judgment delivered on: 23rd August, 2013
              +    MAC.APP. 1056/2012

       SUNITA DEVI & ORS                               ..... Appellants
                     Through:         Mr. Vaidant Chadha, Proxy counsel.

                                      versus

       NEW INDIA ASSURANCE CO LTD           ..... Respondent
                        Through: Mr. Rajender Kumar, Adv.

CORAM:
       HON'BLE MR. JUSTICE SURESH KAIT


SURESH KAIT, J. (Oral)

1. The present appeal is filed for enhancement of the award amount granted by the learned Tribunal vide order dated 1.10.2011. The counsel for the appellant has argued that on non-pecuniary benefits the learned Tribunal has granted compensation on a very lower side.

2. Learned counsel further submits that compensation for loss of consortium has been granted Rs.10,000/-, compensation for funeral expenses Rs.5,000/- and compensation for loss of love and affection Rs.20,000/-.

3. Counsel for the appellant has relied upon the judgement of the Hon'ble Supreme Court in Rajesh & Ors. Vs. Rajbir Singh & Ors. 2013 (6) SCALE 563 whereby the Hon'ble Supreme Court has awarded Rs.1.00 lakh compensation for loss of consortium, Rs.25,000/- compensation towards

funeral expenses and Rs.1.00 lakh compensation towards loss of love and affection.

4. Keeping in view the dictum of the Supreme Court in Rajesh & Ors. (supra), I enhance the compensation towards loss of consortium Rs.1.00 lakh, compensation towards funeral expenses Rs.25,000/-, compensation towards loss of love and affection Rs.1.00 lakh.

5. Accordingly, the enhanced amount of Rs.1,80,000/- shall be deposited by the appellant within five (5) weeks from today with the Registrar General of this Court and the same shall carry interest from the date of filing of the appeal till date of realization of the amount failing which the respondent shall be liable for penal interest @ 12 per cent per annum.

6. On deposit of enhanced amount, the Registrar General is directed to release the same in favour of appellant No.1, i.e., Ms. Sunita Devi, the widow of deceased Sonia Mandal.

7. In view of the above the appeal is allowed.

SURESH KAIT, J AUGUST 23, 2013 b'nesh/RS