Delhi High Court - Orders
The Oriental Insurance Co Ltd vs Somwati Prajapati & Ors on 13 October, 2020
Author: A. K. Chawla
Bench: A. K. Chawla
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 207/2020
THE ORIENTAL INSURANCE CO LTD
..... Appellant
Through Mr. A.K. Soni, Adv.
versus
SOMWATI PRAJAPATI & ORS.
..... Respondents
Through Mr. C.M. Patel, Adv.
CORAM:
HON'BLE MR. JUSTICE A. K. CHAWLA
ORDER
% 13.10.2020
(Physical Court Hearing)
CM APPL. 25577/2020 (Exemption)
It is an application seeking exemption from filing certified copy of the impugned order dated 27.06.2020. Allowed, subject to just exceptions. Application stands disposed of.
MAC.APP. 207/2020 & CM APPL. 25576/2020 & 25579/2020 As jointly prayed, heard.
During the course of hearing, Mr. Soni, ld. counsel for the appellant presses the appeal only as regards the award of compensation under the head of love and affection in the sum of Rs.1,00,000/- placing reliance upon the judgment of the Supreme Court in Pranay Sethi and Satvinder Kaur's cases. Ld. counsel appearing for the claimants - the respondent nos. 1 & 2 on his part concedes to the foregoing effect. Having conceded to the aforesaid effect, ld. counsel for the claimants seeks to say that Satvinder Kaur's judgment came to be passed at a subsequent point of time than the event giving rise to the claim and therefore Satvinder Kaur's case will not have retrospective effect. In the said context, it would suffice to observe that the Court only elucidated the position of law rather than laying it. In view thereof, the submission made in any event, is of no avail.
Taking note of the ratio of the judgments of the Supreme Court in Pranay Sethi and Satvinder Kaur and the submissions made on behalf of the parties, the award amount of Rs.9,67,624/- is reduced by a sum of Rs.1,00,000/- (Rupees one lac) for the compensation awarded under the head of 'loss of love and affection' and stands modified to the said effect. The modified award amount of Rs.8,67,624/- with interest shall be deposited by the appellant company with the Tribunal within four weeks from today and be disbursed in consonance with the other terms and conditions of the award. Appeal and the pending applications stand disposed of accordingly.
A. K. CHAWLA, J OCTOBER 13, 2020 acm