United India Insurance Co Ltd v. Nimantra Devi & Ors

MACA No.527/2010

UNREPORTABLE

* IN THE HIGH COURT OF DELHI AT NEW DELHI

MAC App. No.527/2010

Date of Decision: October 06, 2010

UNITED INDIA INSURANCE CO LTD ..... Appellant

through Mr. A.K.De, Advocate with Mr. Rajesh

Dwivedi, Advocate

versus

NIMANTRA DEVI & ORS

..... Respondents

through Mr. N.K.Sharma, Advocate for

respondents No.1 to 6.

CORAM:

HON'BLE MISS JUSTICE REKHA SHARMA

¶1Whether the reporters of local papers may be allowed to see the judgment? No

¶2To be referred to the reporter or not? No

¶3Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL) The only grievance of the appellant/United India Insurance Company Limited against the impugned award dated April 21, 2010 is that the learned Motor Accident Claims Tribunal has awarded a sum of ` 1,50,000/- towards loss of love and affection which is highly excessive. A perusal of the impugned award, particularly, paragraph-59 of the same goes to show that the Claims Tribunal has relied upon a judgment of this Court in the case of Kailash Kaur & Another V/s New MACA No.527/2010

India Insurance Company Limited, bearing MAC Appeal No.313/08 decided on March 24, 2009 wherein it has been held that compensation for loss of love and affection and loss of company should be at the rate of ` 25,000/- to each of the petitioner. The claimants in the present appeal are the widow, three children and the parents of the deceased. Going by the aforementioned judgment of this Court, the Tribunal has awarded a sum of ` 1,50,000/- towards loss of love and affection. I find no infirmity in the award of the Tribunal. There is no merit in the appeal. The same is dismissed.

REKHA SHARMA, J OCTOBER 06, 2010 ka