The Oriental Insurance Co Ltd vs Chinta Devi & Ors
2017 Latest Caselaw 3184 Del

$~21
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                         Decided on : 11th July, 2017
+     MAC.APP. 298/2017 and CM 11551/2017

      THE ORIENTAL INSURANCE CO LTD ..... Appellant
                         Through: Mr. S.P. Jain and Mr. Himanshu
                         Gambhir, Advocates


                         Versus

      CHINTA DEVI & ORS                           ..... Respondents
                         Through: Ms. Hreeshika Bhargava for Mr.
                         Manish Maini, Advocate
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA

                             JUDGMENT (ORAL)

1. The only contention pressed at the hearing by the appellant / insurance company concerns the award of non-pecuniary damages by the Tribunal by the impugned judgment dated 10.01.2017.

2. It is noted that the accident had occurred on 02.07.2016. The non-pecuniary damages as included in the award are on the lines indicated by this Court in Shriram General Insurance Company Ltd. Vs. Usha, MAC 160/2015, decided on 05.05.2016. In this view, the appeal is devoid of substance and is dismissed. The pending application also stands dismissed.

3. In terms of order dated 24.03.2017, the insurance company had been directed to deposit the entire awarded amount with interest with

the Tribunal. The said deposited amount shall now be released to the claimants in terms of the impugned judgment.

4. The statutory amount, if deposited, shall be refunded.

R.K.GAUBA, J.

JULY 11, 2017 yg