Allowed an appeal against an inadequate motor accident compensation award. Directed the insurance company to pay enhanced compensation of Rs. 10.28 lakhs, apportioned between the husband and wife, with 9% interest payable within thirty days.
Award enhanced from Rs. 8 lakhs to Rs. 10.28 lakhs; enhanced portion payable to husband within 30 days at 9% interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 21st July, 2017
HITESH & ORS. ..... Appellants Through: Mr. Navneet Goyal, Advocate with appellant no.2 in person.
versus
S.N. MISHRA & ORS. ..... Respondents Through: Mr. Ram. N. Sharma, Advocate for R-3 along with Shri Alok Srivastava, Regional Manager.
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
MAC Appeal No. 163/2008
Page 1 of 3
MAC Appeal No. 163/2008
Page 2 of 3
loss of consortium and Rs.25,000/- each towards loss to estate and funeral expenses are granted instead of composite sum mentioned above.
R.K.GAUBA, J.
JULY 21, 2017 vk
MAC Appeal No. 163/2008
Page 3 of 3
3 issues framed by the court
Whether the Motor Accident Claims Tribunal's award on non-pecuniary heads of damages was inadequate and required enhancement.
How to apportion the enhanced compensation award between the appellants considering the time elapsed since the accident.
Whether interest on the enhanced portion of the award should be granted given the delay.
Colour shows how this judgement treated each authority
Rajesh & Ors. v. Rajbir Singh & Ors.Followed¶17
Rajesh & Ors. v. Rajbir Singh & Ors., (2013) 9 SCC 54 · Who else cites this
Shashikala v. GangalakshmammaFollowed¶17
Shashikala v. Gangalakshmamma (2015) 9 SCC 150 · Who else cites this
Hitesh & Ors.
S.N. Mishra & Ors.
R.K. Gauba
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
