Dismissed

The New India Assurance Company Ltd. v. Smt. Rihana and 4 Others

Allahabad HC23 Jul 2018FAFO/3091/2018

Case brief

AI extract

What is this about?

In this first appeal, the appellant Corporation challenged the Motor Accident Claims Tribunal's award regarding compensation for a fatal road accident. The appellant questioned the income assessment of the deceased despite it contradicting Apex Court precedent. The single judge court held that while the income assessment was legally flawed, the overall quantum of compensation did not warrant inter

What did the court decide?

The appeal was dismissed as it lacked merit; the quantum of compensation awarded by the Tribunal was upheld.

The New India Assurance Company Ltd. Vs Smt. Rihana… — Motor Accident Claims | Allahabad HC (2018)

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Court No. - 26 Case :- FIRST APPEAL FROM ORDER No. - 3091 of 2018 Appellant :- The New India Assurance Company Ltd. Respondent :- Smt. Rihana And 4 Others Counsel for Appellant :- Aijaz Ahmad Khan

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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 19.04.2018 passed by the Motor Accident Claims Tribunal/ Additional District Judge, Court No. 3, Bulandshahar in Motor Accident Claim Petition No. 284 of 2015 (Smt. Rihana & anr. vs. The New India Assurance Company and others).

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Brief facts of the case are that an accident occurred on 04.05.2015 at about 10.45 a.m., when Shahnawaz (since deceased) was going market on his bicycle. It was when he reached near police chowki, Dadri Gate that all of a sudden a Bus bearing No. U.P. 14 AT/5920, driven by its driver rashly and negligently, hit his bicycle from behind and resultantly he received serious fatal injuries and succumbed to his injuries on way of Hospital.

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The argument advanced by learned counsel for the appellant is that no deductions have been made from the income of the deceased who was admittedly a bachelor. From the perusal of judgment, it transpires that the Tribunal has assessed the annnual income of deceased at Rs. 15,000/- per annum which is against the law settled by Apex Court in Laxmi Devi & others v. Mohammad Tabbar & Another (2008) 12 SCC 165 , whereas, it should have been Rs. 36,000/- @ Rs. 3,000/- per month even in the absence of any evidence being led.

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From the perusal of award regarding quantum of compensation, I find that towards the future prospects and the dependency of the family upon the deceased, no compensation has been awarded. Considering the over all circumstances and the quantum of compensation awarded, the dependency of the parents of the deceased who was quite young, I find that the quantum of compensation paid under the award is not liable to be interfered with.

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The findings so returned by the Tribunal cannot faulted with. 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

The New India Assurance Company Ltd. v. Smt. Rihana and 4 Others

Case brief

What is this about?

What did the court decide?

The New India Assurance Company Ltd. v. Smt. Rihana and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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