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MAC.APP.--443/2016. Case: THE ORIENTAL INSURANCE CO LTD Vs. SHYAM SUNDER MALHOTRA & ORS.. High Court of Delhi (India)

Judgment Cited authorities 1 Cited in Precedent Map Related
Vincent
Case NumberMAC.APP.--443/2016
CitationNA
Judgement DateApril 11, 2017
CourtHigh Court of Delhi (India)

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: April 11, 2017

+ MAC.APP. 443/2016 & C.M.No. 20167/2016

THE ORIENTAL INSURANCE CO. LTD. ..... Appellant

Through: Mr. Pradeep Gaur, Advocate

Versus

SHYAM SUNDER MALHOTRA & ORS. ..... Respondents

Through: Nemo.

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

JUDGMENT % ORAL

  1. Appellant is the Insurer of the truck involved in a road accident on 9th June, 2013 in which Ms. Diksha Malhotra had died and in the claim petition by her legal heirs, Motor Accident Claims Tribunal, East District, Karkardooma Courts, Delhi (hereinafter referred to as the “Tribunal”) has granted compensation of `10,13,424/- with interest @12% p.a.

  2. Since the challenge to the impugned Award of 23rd February, 2016 by learned counsel for appellant-Insurer is on the sole ground that rate of interest on the awarded amount is on the higher side, therefore, facts enumerated in the impugned Award need no reproduction. As per last order, service is complete. However, respondents have chosen not to contest this appeal.

  3. Upon hearing and on perusal of impugned Award and record of

    MAC.APP.443/2016 Page 1 of 2

    this case, I find that the Tribunal has granted interest on the awarded amount @12% p.a. while relying upon Supreme Court’s decisions in The New India Assurance Co. Ltd. Vs. Gopali & ors. 2012 ACJ 2131 SC; Jiju Kuruvila & ors. Vs. Kunjujamma Mohan & ors. 2013 ACJ 2141 SC and Puttamma Vs. K.L. Narayana Reddy & ors. 2014 ACJ 426 SC.

  4. During the course of hearing, learned counsel for appellant-Insurer had placed reliance upon decisions of Supreme Court in Surti Gupta Vs. United India Insurance Co. & ors. ( 2015) 11 SCC 457 and Kumari Kiran Vs. Sajjan Singh (2015) 1...

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