SUDERSHAN DEVI Vs. SHAM KUMAR

JUDGEMENT

(1.) THE Award impugned is the Award dated 04.03.2009 vide which the learned Tribunal had relied upon the judgment of this Court reported as United India Insurance Co. Ltd. Vs. Reeta Devi (which has been circulated by the High Court for compliance by the Tribunals); in terms of this judgment, the MACT had awarded compensation on a monthly basis with inflation to follow in the following years for the claimants. Learned counsel for the appellant has placed on record the judgment of the Apex Court reported in Special Leave to Appeal (Civil) No.15796/2009 titled Reeta Devi and Anr. Vs. United India Insurance Company Ltd. and Anr. decided on 22.02.2010 whereby the judgment of Reeta Devi (Supra) has since been set aside. THE Supreme Court in that case had awarded a lump sum payment; concept of monthly installments had been set aside. In the wake of this order, learned counsel for the appellant states that his compensation should also now be recalculated.

(2.) COUNSEL for respondent No. 3 in the first instance has refuted the submissions of learned counsel for the appellants; his contention being that his liability at a maximum can be fastened at '5 lacs; this is in view of the fact that this was special contingency insurance policy with respondent No. 2. Admittedly no cross- appeal or cross-objections have filed by learned counsel for respondent No. 3. This submission of learned counsel for respondent No. 3 thus carries no merit; it cannot be considered.

(3.) ACCORDINGLY a sum of '19,36,704/- is awarded under the head of 'loss of dependency' in favour of the claimants. This amount is awarded under the head of pecuniary damages.