The Oriental Insurnace Co Ltd v. Ram Dulari Devi & ORS
$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 475/2018 THE ORIENTAL INSURNACE CO LTD ..... Appellant Through: Mr. J.P.N. Shahi, Advocate.
versus RAM DULARI DEVI & ORS ..... Respondents Through:
Mr. A.K. Mishra, Advocate.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R
% 31.01.2020 CM APPL. 2016/2020 (Exemption) Allowed, subject to all just exceptions.
The application stands disposed-off.
CM APPL. 2015/2020 (for delay) This application filed by the respondents seeks condonation of delay in filing the review petition.
For the reasons mentioned, the delay is condoned. The application stands disposed-off.
Review Pet. 13/2020 in MAC . APP. 475/2018 Issue notice.
The learned counsel named above accepts notice for the nonapplicants/respondents . At joint request, the review petition is taken up for disposal.
This review petition seeks correction of the judgment dated 23.10.2019, whereby an amount of Rs. 13,11,412/- had been directed to be paid to the claimants.
It is applicant's case that there is an error in the calculation because on 15.10.2019, the appellant had made a legal offer of Rs. 12,06,412/-as per the settlement. This amount had pecuniary and non-pecuniary components. The non-pecuniary component included Rs. 1,00,000/- each towards 'loss of love and affection' and 'loss of consortium'. However, in terms of dicta of the Supreme Court in Magma General Insurance Co. Ltd. vs. Nanu Ram Alias Chuhru Ram & Ors., (2018) 18 SCC 130, the amount payable would be Rs.5,40,000/-. Therefore, setting off Rs. 2,00,000/- as already granted, Rs. 3,40,000/- more would be payable towards non-pecuniary damages. In the circumstances, the amount payable to the claimants would be Rs. 12,06,412/- + Rs. 3,40,000/- i.e. Rs.15,46,412/-. Let the said amount be paid to the claimants, within a period of four weeks from the date of receipt of a copy of this order.
The review petition stands disposed-off in the above terms. NAJMI WAZIRI, J JANUARY 31, 2020 kb