Nirmala Devi & Ors v. Sanjeev Kumar & Ors

ORDER '

26.05.2010 . +cM 10141/2q1q Allowed, subject to all just exceptions. The application stands disposed of. + MAC.APP.34412010 Notice of the appeal is accepted by Shri K.L. Nandwani, Advocate on behalf of espondent insurance company. The leamed Tribunal vide its award dated 15th February,2010 had directed the insurance company ro pay monthly amount of Rs. 10,900/- apart from'giving lumpsum payment for the period already over and for non pecuniary reasons. I consider that it is not beneficial either for the claimant or for the insurance company to pay compensation on monthly basis as it deprives claimant from using the compensation for her benefit in proper manner. It is well kroryr that due to inflation value of money keeps on declining. After five years, the present value of Rs. 10,000/- may not bs even worth Rs. 5,000/-. I Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. {:L\ 2-. _l Even otherwise, there is no/-provision under M.v. Act to award compensation on month to month basis. Compensation should be awarded in lumpsum. The matter is therefore remanded back to learned Tribunal for calculating lumpsum compensation in this case instead of compensation on month to month basis. The parties shall appear before the Tribunal on?no July, 2010. The Tribunal shall endeavour to dispose of this matter within six weeks after aPPearance. The appeal stands disPosed of. SHIV NARA MAY 26,2010 acm ,a

\ ' ItemNo.36 * IN THE HIGH COURT OF' DELHI AT NEW DELHI + MAC.APP .34412010 NIRMALA DEVI & ORS APPellant Through: Mr. S.N. Parashar, Adv. versus SANJEEV KUMAR & ORS ResPondent . Through: NIr. K.L. Nandwani, Adv. CORAM: .i JUSTICE SHIV NARAYAN DHINGRA