New India Assurance Co. Ltd v. Shweta Nayyar Sharma & ORS
$~118 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 630/2014 NEW INDIA ASSURANCE CO. LTD. ....Appellant Through:
Mr.J.P.N.Shahi, Advocate.
versus SHWETA NAYYAR SHARMA & ORS. .....Respondents Through:
None.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
O R D E R
% 09.08.2024 CM APPL. 45642/2024 - EXMP.
1.
Allowed, subject to all just exceptions.
2.
The application stands disposed of.
REVIEW PET. 293/2024 - FRESH BY APPELLANT FOR REVIEW OF ORDER DT. 07.05.2024 3.
The applicant i.e. the appellant/insurance company seeks review of judgment dated 07.05.2024 to the extent of seeking refund of statutory amount of Rs. 25,000/- which was forfeited along with accrued interest thereupon.
4.
None is present for the non-applicants/respondents despite advance notice.
5.
It is borne out on perusal of the judgment dated 07.05.2024 that the appellant/insurance company had assailed the impugned Award; firstly, on the ground that the claimant party had failed to prove any negligence on the part of driver of the offending/insured vehicle; and secondly, on quantum of compensation to the effect that income of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 12:35:37
the claimant was wrongly enhanced to 50% for assessing the compensation towards loss of „financial dependency‟ as it was claimed that the deceased was not in a permanent job. 6.
Suffice to state that the aforesaid pleas were decided against the appellant/insurance company except that this Court suo moto modified the amount of compensation awarded to the claimant with regard to loss of consortium, funeral expenses and loss of estate. 7.
Hence, there are made out no grounds to review the earlier judgment dated 07.05.2024 passed by this Court. Accordingly, the present review petition is dismissed.
DHARMESH SHARMA, J.
AUGUST 9, 2024/sm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 12:35:37