AI Structured Summary
Not yet generated for this judgment
Judgment
G.P. Mittal, J.
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 a 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
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 Vs. National Insurance Company Ltd. and Others, . Learned counsel for the Respondent Insurance Company submits that the compensation awarded is just and reasonable.
Applying the ratio in Santosh Devi, the Appellant is entitled to an addition of 30% towards inflation. The loss of dependency comes to Rs. 8,62,102/- (8502+30% x 1/2 x 12 x 13).
Thus, there is an enhancement of Rs. 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.
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 a period of two years, four years and six years in equal proportion and rest shall be released on deposit.
The Appeal is allowed in above terms. Pending Applications stand disposed of.