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ORIENTAL INSURANCE CO LTD Vs. BABY RADHIKA GUPTA AND ANR
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Showing posts with label
ORIENTAL INSURANCE CO LTD Vs. BABY RADHIKA GUPTA AND ANR
.
Show all posts
Sunday, March 19, 2017
No doubt, the appellant has made out a case, since there was liberty given to the appellant/insurance company to recover the excess sum payable to the respondents. However, having regard o the peculiar facts of this case, we are of the view that this is an eminently fit case to invoke our jurisdiction under Article 142 of the Constitution of India for the reason that the deceased employee died at the age of 32 years and the claimants having not been granted 50% of enhancement in the salary, no amount was given to the minor towards loss of love, care and protection and further that for consortium only an amount of Rs.25,000/- was paid. 8. Hence, having regard to the peculiar facts of this case, we dismiss this appeal, leaving the question of law open.
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