National Insurance Co.Ltd. vs Sh. Basant Lal Jain & Ors.
2014 Latest Caselaw 543 Del

$~16
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                              Judgment delivered on: 28th January, 2014

+                      MAC.APP.No. 825/2012 & CM No.12966/2012


       NATIONAL INSURANCE CO.LTD.              ..... Appellant
                    Represented by: Mr. D.K. Sharma, Advocate.

                           Versus

       SH. BASANT LAL JAIN & ORS.                         ..... Respondents
                     Represented by:         Mr. Navneet Goyal, Advocate
                                             for Respondent No.1.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

MAC.APP.No. 825/2012

1. The present appeal is directed against the impugned award dated 21.03.2012, whereby while awarding the compensation, the learned Tribunal has granted a sum of Rs.11,000/- towards lawyer's fee.

2. Learned counsel appearing on behalf of the appellant/Insurance Company submits that in the case of ICICI Lombard General Insurance Co. Ltd. Vs. Kanti Devi & Ors., MAC.A. 645/2012 decided on 30.07.2012, this Court has held that the Tribunal has no power to grant lawyer's fee and out of pocket expenses.

3. Learned counsel appearing on behalf of the respondent No.1/claimant submits that he does not dispute the settled proposition of law noted above.

4. In view of the above, the instant appeal is allowed.

5. Consequently, the impugned award dated 21.03.2012 qua grant of lawyer's fee is set aside.

6. The Registry of this Court is directed to release the statutory amount in favour of the appellant/Insurance Company and the balance compensation amount in favour of the respondent No.1/claimant on taking necessary steps by him.

CM No.12966/2012 (for stay)

With the disposal of the instant appeal, this application has become infructuous. The same is accordingly dismissed.

SURESH KAIT, J.

JANUARY 28, 2014 sb