MAC.APP./1046/2012 of HAJARA KHATOON & ANR Vs UNITED INDIA INSURANCE CO. LTD. & ORS

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 19[th ]September, 2012

+ MAC.APP. 1046/2012

HAJARA KHATOON & ANR

..... Appellants

Through: Mr.Sanjiv Gupta, Advocate

versus

UNITED INDIA INSURANCE CO. LTD. & ORS ..... Respondents

Through: Mr.K.L.Nandwani, Advocate for R-1

CORAM:

HON'BLE MR. JUSTICE G.P.MITTAL

J U M N T

G. P. MITTAL, J. (ORAL)

C.M. APPL No.16490/2012(Exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

C.M. APPL No. /2012(Delay)

Notice.

Mr.K.L.Nandwani, Advocate appearing on behalf of Respondent No.1

accepts notice.

There is delay of 19 days in filing the Appeal.

For the reasons as stated in the application, the delay in filing the Appeal

is condoned.

The application stands disposed of.

MAC.APP. 1046/2012

1.It is urged by the learned counsel for the Appellant that while computing the loss of dependency, the Claims Tribunal did not make an addition of 30% towards inflation on the basis of the Supreme Court judgment in the case of ‘Santosh Devi v. National Insurance Company Ltd. & Ors’., 2012 (4) SCALE 559. the loss of dependency, the Claims Tribunal did not make an addition of 30% towards inflation on the basis of the Supreme Court judgment in the case of ‘Santosh Devi v. National Insurance Company Ltd. & Ors’., 2012 (4) SCALE 559.

2.Learned counsel for the Respondent Insurance Company submits that the compensation awarded is just and reasonable. compensation awarded is just and reasonable.

3.Applying the ratio in Santosh Devi, the Appellant is entitled to an addition of 30% towards inflation. The loss of dependency comes to `8,62,102/- (8502+30% x 1/2 x 12 x 13). addition of 30% towards inflation. The loss of dependency comes to `8,62,102/- (8502+30% x 1/2 x 12 x 13).

4.Thus, there is an enhancement of `1,53,946/- in the award which shall carry interest @ 7.5% per annum from the date of filing of the petition till its payment. carry interest @ 7.5% per annum from the date of filing of the petition till its payment.

5.The enhanced amount shall be deposited with the Claims Tribunal within six weeks and shall be payable to the Appellants in equal shares. Eighty percent of the enhanced amount shall be held in deposit for period of two years, four years and six years in equal proportion and rest shall be released on deposit. six weeks and shall be payable to the Appellants in equal shares. Eighty percent of the enhanced amount shall be held in deposit for period of two years, four years and six years in equal proportion and rest shall be released on deposit.

6.The Appeal is allowed in above terms.

7.Pending Applications stand disposed of.

SEPTEMBER 19, 2012

(G.P. MITTAL) JUDGE