Dismissed

National Insuranace Company Limited v. Kripa Shankar and 5 Other

Allahabad HC3 Jul 2018FAFO/2794/2018

Case brief

AI extract

What is this about?

This first appeal challenged the Motor Accident Claims Tribunal's award granting Rs.1,45,000/- compensation. The court found no merit or perversity in the Tribunal's decision finding the truck driver liable and the accident fatal, dismissing the appeal.

What did the court decide?

The appeal dismissed; statutory amount of Rs.25,000/ remitted to the court below for adjustment towards deposit.

National Insuranace Company Limited Vs Kripa Shankar… — Motor Accident Claims | Allahabad HC (2018)

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Court No. - 26

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Case :- FIRST APPEAL FROM ORDER No. - 2794 of 2018

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Appellant :- National Insuranace Company Limited Respondent :- Kripa Shankar And 5 Other Counsel for Appellant :- Komal Mehrotra

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Hon'ble Ajit Kumar,J.

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Heard Sri Komal Mehrotra, learned counsel for the appellant and perused the record.

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This appeal under Section 173 of the Motor Vehicle Act, 1988 is directed against the award dated 31st March, 2018 passed by the Motor Accident Claims Tribunal/ District Judge, Sonebhadra, whereby the compensation of Rs.1,45,000/- has been directed in favour of the claimants along with an interest at the rate of 7%.

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The facts of the case are that one Kalni Devi w/o claimantapplicant no.1 was hit by a speedy truck bearing No. UP65BT/8677 due to rash and negligent driving by its driver on 9.11.2015 at about 6:30 pm. Kalni Devi succumbed to her injuries at the Trauma Centre, Varanasi on 11.01.2015 while under treatment. The claim was set up by the respondents and the monthly income of the deceased was assessed as Rs.6,000/both as labourer and contribution as a housewife. The driver has also filed his written statement and denied the statements made in the claim petition. However, in his special plea, he has admitted that he was driving the vehicle in question and was having a valid driving license but he denied to have caused the accidental death to the deceased. Instead, he claimed that because of the fall of a bolder the death was caused. Insurance Company has also filed its written statement denying the claim.

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While considering the issue no.1 with regard to the claim of accidental death of Kalni Devi due to the rash and negligent driving of the truck driver near the petrol pump in village Hinduari, the Tribunal found that there was sufficient material to prove that accident did take place and cause of death of the deceased was anti-mortem fatal injuries due to such accident only. The first information report was also on record as well as the charge-sheet was filed against the driver of the vehicle and, therefore, the Tribunal came to conclude that it was sufficient material that proved beyond all doubts that the incident took place on account of negligence and rash driving of the driver of the truck and further ruled out any doubt with regard to the involvement of the vehicle in question.

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The Tribunal has also recorded while deciding the issue no.3 that the vehicle in question was duly insured and it was not being denied by the Insurance Company.

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Further, the argument advanced on behalf of the appellant is that copy of the permit was not eligible and, therefore, the issue no.3 concerning permit of the vehicle as per the norms was not complied with.

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From the perusal of the judgment and award dated 31.3.2018, I do not find any such plea was taken nor, learned counsel for the appellant has pointed out any of the grounds raised to the effect that the finding recorded by the Tribunal is perverse.

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I, therefore, do not find any good ground to interfere with the award dated 31.3.2018 of the Tribunal.

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No other illegality has been pointed out in the impugned order.

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The appeal lacks merit and is, accordingly, dismissed.

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The statutory amount of Rs.25,000/- be remitted to the court below for adjustment towards deposit to be made by the appellant.

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Order Date :- 3.7.2018 Atmesh

National Insuranace Company Limited v. Kripa Shankar and 5 Other

Case brief

What is this about?

What did the court decide?

National Insuranace Company Limited v. Kripa Shankar and 5 Other

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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