New India Insurance Co. Ltd V/s Virender Singh and Anothers

Information Type: Judicial Information
Court: High Court
High Court Name: High Court of Delhi, Delhi
Date of Judgment(s): 2014-04-01
Case No: 184/2012 & CM NO. 7702/2012 (for stay)
Case Type: FAO
Judge Name: Valmiki J.Mehta
Subject: Insurance Law
Statutes / Acts: Employee’s Compensation Act, 1923
Section: Section 22(3)
Bench Strength: Single Bench
Advocate: S.K.Anand (P) & Represented by None (R)
State of Appellant(s): Punjab
Case Note / Description :

It is not unusual these days for insurance companies to file totally misconceived appeals. This is one such appeal. Appellant-insurance company has not even led any evidence in this case before the Commissioner. The arguments which were urged before this Court were ex facie misconceived and already decided against the insurance company in terms of various judgments which are already stated above in the present judgment. Respondent no. 1 has thus been put to unnecessary expenditure of the present appeal and therefore while dismissing the appeal, I apply the ratio of the judgment of the Supreme Court in the case of Ram Rameshwari Devi & Ors. Vs. Nirmala Devi & Ors. (2011) 8 SCC 249 which holds that it is high time that in certain litigations actual costs must be imposed, and I direct that respondent no.1 will be entitled to cost of Rs.50,000/- for this appeal. I am also empowered to impose costs in exercise of powers under Volume V of the Punjab High Court Rules and Orders (as applicable to Delhi) Chapter VI Part I Rule 15 which entitles this Court to impose actual costs.

 
 
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