Dismissed

National Insurance Company Ltd. v. Beena and 4 Others

Allahabad HC23 Jul 2018FAFO/3090/2018

Case brief

AI extract

What is this about?

The High Court dismissed the first appeal by the insurer challenging the Motor Accident Claims Tribunal award. The court held that the quantum of compensation could not be faulted considering the age of dependents and rejected the argument that the claim should have been tried under Section 163.

What did the court decide?

The appeal was dismissed; the deposited statutory amount was remitted to the Tribunal.

National Insurance Company Ltd. Vs Beena and 4 Others — Motor Accident Claims | Allahabad HC (2018)

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Court No. - 26

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Case :- FIRST APPEAL FROM ORDER No. - 3090 of 2018

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Appellant :- National Insurance Company Ltd. Respondent :- Beena And 4 Others Counsel for Appellant :- Nagendra Kumar Srivastava

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Hon'ble Ajit Kumar,J.

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Heard learned counsels for the parties and perused the record.

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This first appeal from order has been filed by the appellant challenging the judgment and award dated 16.04.2018 passed by the Motor Accident Claims Tribunal/ Additional District Judge, Court No. 3, Bijnor in Motor Accident Claim Petition No. 286 of 2017 (Beena & others vs. Parvez Ahmad and others).

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Brief facts of the case are that an accident occurred on 02.07.2017 at about 07.00 a.m., when Rohit (since deceased) was going to market on his bicycle. When he reached near police chowki, Dadri Gate, all of a sudden a Bus bearing No. U.P. 14 AT/5920, which was driven by its driver rashly and negligently, hit his bicycle from behind and he received serious injuries and he succumbed to his injuries while on the way to Hospital.

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The argument advanced by learned counsel for the appellant is that claim petition was filed under Section 163 of M.V. Act, whereas, the award has been made under Section 163-A, when repeated query made as to whether any objection was taken that since the petition was moved under Section 163 M.V. Act, therefore, Tribunal ought to have decided the matter under Section 163 of the Act itself, learned counsel for the appellant could not point out from the written statement that any such objection was taken. Even from the perusal of order of the Tribunal, I do not find that any such argument was advanced before the Tribunal. In the absence of any such foundation of the argument available to get this question determined at this stage, the first argument is rejected. The second argument is with regard to quantum of compensation. Objection is that without there being any evidence of monthly income of the deceased, the Tribunal manifestly erred in assessing income at Rs. 40,000/- per annum, the maximum amount assessed in petition under Section 163-A of the Act.

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I find from the perusal of record, regarding quantum of compensation and other heads, the Tribunal awarded very less

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amount. Considering the old aged father, mother and minor son of the deceased, I am of the view that the assessment of compensation made by the Tribunal cannot be faulted with and the the appropriate one in.

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No other point has been argued.

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Appeal lacks merit and is accordingly dismissed .

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The statutory amount of Rs. 25,000/- already deposited shall be remitted to the Tribunal to be adjusted to the deposit to be made to the Bank.

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Order Date :- 23.7.2018 IrfanUddin

National Insurance Company Ltd. v. Beena and 4 Others

Case brief

What is this about?

What did the court decide?

National Insurance Company Ltd. v. Beena and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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