Kamini Khanna and Another vs Pradeep Kumar and Others

Reva Khetrapal, J.—This appeal is directed against the judgment and award dated 04.02.1999 in suit No. 198/1998 whereby the Appellants were awarded a sum of Rs. 1,02,112/- against the claimed amount of Rs. 3,00,000/- with interest thereon at the rate of 12% for a limited period of time.

Although, a number of grounds for assailing the award passed by the Claims Tribunal have been raised in the Memorandum of Appeal, Mr. O.P. Mannie, the counsel for the Appellants states that with the passage of time most of the said grounds have become redundant and that he only wishes to pray for the grant of non-pecuniary damages for the loss of love and affection.

In view of the fact that no non-pecuniary damages have been awarded towards the loss of love and affection, the Appellants are granted non-pecuniary damages in the sum of Rs. 10,000/- for loss of love and affection, along with interest thereon at the rate of 12% per annum from 11.05.1990 to 03.08.1993 and from 14.05.1998 till realization as awarded by the learned Tribunal.

The enhanced amount along with the interest thereon at the rate of 12% per annum shall be paid to the Appellant, Sh. O.P. Khanna, the mother of the deceased having expired during the pendency of the appeal, by the Respondent No. 3/Insurance Company within thirty days from today by depositing a cheque with the Registrar General of this Court.

The appeal stands disposed of in the above terms.