Oriental Insurance Co Ltd v. Anju Gulati & ORS

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 213/2018 & CM Nos. 7438-39/2018 ORIENTAL INSURANCE CO LTD ..... Appellant Through:

Mr. Pradeep Gaur & Mr. Amit Gaur, Advocates.

versus ANJU GULATI & ORS ..... Respondents Through:

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 26.02.2018 The only contention raised by the insurance company in the present appeal directed against the judgment dated 29.11.2017 in the claim case [Petition No. 476463/2016 (suit No. 1113/2014)] instituted by the first to third respondents whereby compensation was granted in the sum of Rs. 31,11,900/- on account of death of death of Sourabh Gulati, a bachelor son of the first respondent (mother) who alone was held entitled to compensation, concerns the choice of the multiplier according to the age of the deceased (29 years). It is the contention of the insurance company that the choice of multiplier should have been as per the age of the claimant mother. The view taken by the Tribunal cannot be faulted since it is in accord with the ruling of the Constitution Bench of the Supreme Court rendered on 31.10.2017 in SLP (C) 25590/2014, National Insurance Company Ltd. Vs. Pranay Sethi and Ors., as already observed by this Court MAC.APP. 213/2018

in MAC Appeal No. 15/2017 & 966/2017 decided on 08.11.2017 and MAC Appeal No. 56/2012 decided on 09.11.2017.

The appeal is, therefore, found to be devoid of substance and is dismissed in limine.

The applications filed therewith are rendered infructuous and disposed of accordingly.

R.K.GAUBA, J.

FEBRUARY 26, 2018 nk MAC.APP. 213/2018