The Oriental Insurance Co Ltd v. Chinta Devi & ORS

$~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 MACA 298/17

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 MACA 298/17