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Oriental Insurance Co. Ltd. vs Anita Gupta & Ors. on 13 May, 2014

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delivered on:13th May, 2014 + MAC.APP. No.366 /2010

ORIENTAL INSURANCE CO. LTD. ..... Appellant Represented by: Mr. L.K. Tyagi, Advocate.

Versus

ANITA GUPTA & ORS. ..... Respondents Represented by: Mr.Ravindra Narayan, Advocate for Respondent No.1.

CORAM:

HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J.

+ MAC.APP. No.366 /2010

1. Vide the present appeal, the appellant/Insurance Company has assailed the award dated 03.04.2010, whereby the learned Tribunal has granted compensation for an amount of Rs.38,75,000/- with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization of the amount.

2. Mr. L.K.Tyagi, learned counsel appearing on behalf of the appellant submitted that the compensation awarded by the learned Tribunal is excessive, exorbitant and the same is not in accordance with the settled principles of assessment of compensation laid down by the Apex Court and this Court.

3. He further submitted that the respondent No.1/injured was alleged to be aged about 36 years at the time of the accident, lawyer by profession and sustained grievous injuries. As per the disability MAC. Appeal. No.366/2010 Page 1 of 11 certificate Ex. PW1/A, filed by the respondent No.1/injured, she had suffered disability to the extent of 90% in relation to her left upper and lower limbs. Considering the


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