Oriental Insurance Co. Ltd v. Kanchan Jena &Ors

ORDER %

13.05.2010 The present appeal has been preferredby the appellantsagainst the impugned award passedwherebythe learnedTribunalhad directedthe insurancecompanyto give compensationin the form of monthlypaymentsto the claimants. Payment of lumpsum amount on that basis for the already expired period has been ordered. A similar order was passed by this court in case titled United India Insurance CompanyLimited & Am. vs. Reeta Devi & Anr. On an SLP preferred by the claimants being SLP No.15796of 2009 decidedon 22"'' February,2010 titledReeta Devi &Anr. Vs. United India Insurance Co. Ltd. & Anr., the Apex Court observed that the compensation as ordered by the High Court by way of monthly installment would not be proper and instead a total compensation should be allowed. In this SLP, the Supreme Court itself determined what should be the total compensation. The grant of compensation as a monthly payment is not under the scheme of Motor Vehicles Act. This also deprives the claimants of the real benefits of 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. s compensation. I consider that the only legally valid and just method of awarding compensationis to award lumpsumcompensationafter capitalizationof dependencyof claimants. I, therefore, set aside the award of the Tribunal awarding monthly compensation. I consider that in view of parameters laid down by the Supreme Court in recent judgments, it would be appropriate that the Tribunal should determine lumpsum compensationpayableto the claimantsinsteadof monthlyinstallments. The matter is remanded back to the Tribunal for calculating lumpsum compensationpayableto the claimantsand giving appropriatedirectionfor paymentof the lumpsum compensation. With these directions, the appeal is allowed. The claimants and the insurance company shall appear before the Tribunal on 24"" May, 2010. The Tribunalshall dispensewith the noticeto non-effectiveand non-interested parties.

SHIV NARAYAN DHINGRA, J. MAY 13,2010 'AA' J

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Mac.App.No.369/2009& C.M. Appl.Nos.10570-10571/2009 ORIENTAL INSURANCE CO. LTD. Appellant Through: Ms. Harsh Lata & Ms. Manjusha Wadhwa, Advocates. versus KANCHAN JENA & ORS. Respondents Through: Mr. Anshuman Bal, Advocate for R-1 to 3. CORAM: JUSTICE SHIV NARAYAN DHINGRA