ORIENTAL INSURANCE CO.LTD. Vs. MUNEESH MEENA

JUDGEMENT

(1.) The Award impugned is the Award dated 17.9.2010 vide which the total compensation in the sum of Rs. 25,78,000 had been awarded in favour of the claimant; there are four claimants i.e. the wife and the children of the deceased Narender Kumar Meena. The petitioner is aggrieved on two counts; his contention is that the "love and affection" which has been calculated at Rs. 1,00,000 is on the higher side and thus needs to be modified. Second contention is that the interest of 9% per annum is also a higher rate of interest which has been awarded and the interest should have been awarded at 7.5% per annum. The Tribunal had relied upon a judgment of this Court in Kailash Kaur & Anr. v. New India Assurance Co. Ltd., MAC Appeal No. 318/2008, decided on 24.3.2009, for the grant of Rs. 1,00,000 under the non-pecuniary head i.e. under the head of "loss of love and affection"; in this case also there were four claimants and Rs. 25,000 had been awarded to each claimant. The Court had noted that the loss of love and affection suffered by the two minor daughters, old aged mother and wife of the deceased cannot be compensated in terms of money; in view of the aforesaid facts Rs. 1,00,000 had been awarded to the four petitioners of that case. Following the ratio of the aforenoted judgment the Tribunal has also passed a similar order. This finding in no manner calls for any interference.

(2.) The second contention of the learned Counsel for the petitioner is that in view of the judgment of the Apex Court in Dharampal v. UP State Road Transport, 2008 3 ACC 1, interest should have been awarded at 7.5% per annum and not at 9% per annum. The Award is modified to that extent only; it is accordingly held that the Award granting a sum of Rs. 25,78,000 will carry interest @ 7.5% per annum which is from the date of the filing of the petition up to realization. With these directions this appeal is disposed of. Statutory amount be released in favour of the claimant.