New India Assurance Co Ltd v. Mohd Shariff & Ors

ORDER "h

09.11.20L0 Mr.lJma Shankar Sharma, Advocate says that he will be filing Vakalatnarna on behalf of the respondent Nos.3 and 4, who wcre also the .- claimants in the claim petition before the Tribunal. ( The sole grievance of the appellant in the instant appeal is that a sum of Rs.1 lac has been awarded by the Tribunal under the head 'loss of love and affection'. The said amount has been termed as exhorbitant, arbitrary and unreasonable by the appellant as well as contrary to the judgrnent of the Hon'ble Suprerne Court in Smt.Sarla Verma Vs. DTC & Another, reported in (2009) 6 SCC 121. Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. ,ft The learned counsel for the respondent Nos.I to 4 does not deny that the sum of Rs.l lac granted by the Tribunal towards love and affection to the claimants is on the higher side and contrary to the judgrnent of the Apex Courl in the case of ^Srnt. Sevlo Verms (supra). In view thereof, the award is modified to the extent that instead of a sum of Rs.1 lac awarded by the Tribunal for the loss of love and affection to the clairnants, a sum of Rs.10,000/- shall be paid by the appellant. The rest of the award is upheld. Resultantly, the arnount deposited with the IICO bank, Delhi Fligh Court Branbh in the account of the claimants shall be released to the claimants except for an arnount of Rs.90,000/- with proportionate interest, if any. The amount of Rs.90,000/- with proporlionate interest along with the sum of Its.25,000/- deposited by the appellant in this Court shall be refunded to the appellant. The appeal and the application stand disposed of accordingly. A copy of this order be given to the learned counsel for both the partics. (-- W*yJ REVA KHETRAPAL,J NOVEMBER 09.2O1O aks I

I- 15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.208|2010 & CM6I37/2010 NEW INDIA ASSIJRANCE CO LTD ..... Appellant Through Mr.Kanwal Chaudhry, Advocate VCTSUS r':'' MOHD SHAI{IFF & ORS ..... Respondent \u' Through Mr.Uma Shankar Shanna, Advocate CORAM: HON'BLE MS. JUSTICE REVA KTIETRAPAL