Udey Bhan v. The Oriental Insurance Co Ltd & ORS

$~49 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 299/2016 & CM No. 12965/2016 UDEY BHAN ..... Appellant Through:

Mr. Mithilesh Kr. Gupt, Adv.

versus THE ORIENTAL INSURANCE CO LTD & ORS ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 07.04.2016 The appellant has been awarded ` 1,46,138/- as compensation with interest at 9% per annum from the date of filing of the claim case (138/DAR/2014) instituted on 27.05.2014 on account of injuries suffered in a motor vehicular accident that had occurred on 11.11.2013 involving motor vehicle described as RTV bus bearing registration No. DL IV A 9604. The claimant has come up in appeal submitting that the award is deficient inasmuch as no loss of income was taken care of. In para 21 of the impugned judgment, the tribunal observed that no evidence about loss of income was adduced.

Having regard to the nature of injuries suffered and no evidence concededly having been adduced that there was any loss of opportunity for gainful employment, appeal seeking enhancement is unmerited. The appeal with accompanying applications are dismissed in limine. R.K.GAUBA, J APRIL 07, 2016/nk