MAC.APP./1244/2012 of NEW INDIA ASSURANCE COMPANY LTD. Vs JIYA LAL VERMA & ORS.

Court: Delhi High Court
Decision date: 2012-12-07
Bench: G P MITTAL G P MITTAL

Parties

NEW INDIA ASSURANCE CO. LTD (PETITIONER)
JIYA LAL & ORS (RESPONDENT)

Cites (1)

SANTOSH DEVI versus NATIONAL INSURANCE COMPANY LTD. AND OTHERS (2012)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 7[th] December, 2012

+ MAC APP.1244/2012

NEW INDIA ASSURANCE CO. LTD.

..... Appellant

Through: Mr.Punit Vinay, Advocate

Versus

JIYA LAL & ORS.

.....Respondents

Through:

None.

CORAM:

HON'BLE MR. JUSTICE G.P.MITTAL

G. P. MITTAL, J. (ORAL)

J U M N T

1.The Appellant New India Assurance Company Limited impugns judgment dated 27.08.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of ` 3,85,511/- was awarded in favour of the First Respondent for having suffered injuries in motor vehicle accident, which occurred on 04.08.2004.

2.The Claims Tribunal awarded sum of ` 3,85,511/-, which is tabulated hereunder: hereunder:

The Claims Tribunal made an addition of 30% towards inflation while awarding the loss of earning capacity relied on Santosh Devi v. National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559.awarding the loss of earning capacity relied on Santosh Devi v. National Insurance Company Ltd. & Ors., 2012 (4) SCALE 559.

4.It is urged by the learned counsel for the Appellant Insurance Company that Santosh Devi (supra) is applicable only in fatal accident cases. that Santosh Devi (supra) is applicable only in fatal accident cases.

5.I am not inclined to agree with the learned counsel for the Appellant Insurance Company. Addition on account of inflation equally applies to the injury cases wherever loss of earning capacity is awarded. Inflation affects not only the legal representatives of the deceased who died in motor vehicle accident but also person who is injured in an accident.

6.The Appeal is devoid of any merit; the same is accordingly dismissed.

7.Pending Applications also stand disposed of.

8.The compensation amount be deposited with the Claims Tribunal immediately and compliance report be filed in this Court within two weeks. immediately and compliance report be filed in this Court within two weeks.

9.On filing of compliance report, statutory deposit of `25,000/-, if any, shall be refunded to the Appellant Insurance Company. shall be refunded to the Appellant Insurance Company.

DECEMBER 07, 2012/v

(G.P. MITTAL) JUDGE

MAC APP. 1244/2012