High CourtsSingle Bench(2019) 10 DEL CK 0334

Oriental Insurance Co Ltd vs Lokesh & Ors

Delhi High Court · Decided on 16 October 2019

HON’BLE JUDGES
Najmi Waziri, J
RESULT
Dismissed
CASE NUMBER
MAC.APP. No. 1165 Of 2018

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Judgment

9 paragraphs · 204 words

Najmi Waziri, J

CM APPL. 45449/2019, CM APPL. 45448/2019 (delay in filing cross objections) & CM APPL. 45450/2019 (cross objections by R-1 & R-2)

1.

After some arguments, the learned counsel for the applicant seeks to withdraw the applications.

2.

The applications are dismissed as withdrawn.

MAC.APP. 1165/2018, CM APPL. 54529/2018 & CM APPL. 19596/2019

3.

The appellant impugns the award of compensation dated 26.10.2018 passed by the learned MACT in MACP No. 2152/16, on the ground that an amount equal to the pecuniary compensation has been awarded under non-pecuniary head as well. The Court would note that the impugned order has referred to the dicta of this Court in Chetan Malhotra v. Lala Ram dated 13.05.2016 in MAC No. 554/2010 and the principle laid down in R.K.Malik and Anr. v. Kiran Pal and Others (2009) 14 SCC 1.

4.

In view of the above, no error is found in the impugned order. The appeal is without merit and is, accordingly, dismissed.

5.

The awarded amount be released to the beneficiaries of the Award, in terms of the scheme of disbursement as specified in the Award.

6.

The statutory amount, alongwith interest accrued thereon, be deposited into the 'AASRA' Fund opened by this Court.