Partly allowed

Oriental Insurance Co.Ltd. v. Smt.Barti Devi

Allahabad HC16 Oct 2019FAFO/1071/1999

Case brief

AI extract

What is this about?

The court dismissed the appeal by the insurance company. It upheld the claimant's compensation but quashed an order imposing penalty interest. Pending deposits were directed to be released; the balance fixed deposit was ordered to be disbursed to the claimants.

What did the court decide?

Penalty interest order quashed. Balance fixed deposit to be disbursed forthwith to claimants.

Oriental Insurance Co.Ltd. Vs Smt.Barti Devi — Insurance | Allahabad HC (2019)

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Court No. - 33

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Case :- FIRST APPEAL FROM ORDER No. - 1071 of 1999

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Appellant :- Oriental Insurance Co.Ltd. Respondent :- Smt.Barti Devi Counsel for Appellant :- K.S.Amist Counsel for Respondent :- Dheeraj Singh,A.K.Tewari,Ak Tiwari,Anil Kumar Tiwari,Dheeraj Tripathi,G.D. Misra,S.K. Tiwari,Satyendra Pandey

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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Heard Shri K.S. Amist, learned counsel for the appellant and Shri Anil Kumar Tiwari, learned counsel for the respondent.

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This Court while entertaining this appeal and while issuing notice stay the judgment, if entire decreetal amount was deposited.

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The tribunal according to Shri K.S. Amist could not have considered the income of the deceased Rs.8,000/- per month and even if that was shown the rate of interest could not have been at 12% and should have been the rate of interest as per the Repo rate in those days. Being default rate of interest order amounts to imposing penalty which could not have been done.

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As against this, Shri Anil Kumar Tiwari, learned counsel for the claimant submitted that the income has been proved as he was a liquor baron he had his business of liquor and had his interest in the partnership business also and,

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therefore, no fault can be found in the tribunal. It is further submitted that no amount under the head of future loss of income has been granted. The amount under non pecuniary damages is also on the lessor side, age of the deceased was 45 years.

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While considering the totality of the facts and circumstances in the year 1998 for the income tax payers whose income tax certificate was on record and earning Rs.8,000/- per month cannot be said to be exorbitant. The Tribunal has deducted 1/3 and multiplied by 15, though the multiplier would be on the lesser on the lower side. The person of the age of 45 years. However, the totality of the facts and circumstances, the amount would not get decrease as under the head of the pecuniary damages. The amount awarded is too less, the interest at 12% per annum with penalty of 18% is cost, the interest of 12% will endeavour for the other compensation which has not been granted.

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In that view of the matter, the appeal fails and is dismissed .

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As far as the ground for driving licence is considered, it is a finding returned by the tribunal that the insurance company has not been able to prove that the xerox copy of the driving licence was not for the truck which was

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being driven by the driver of the truck which was insured with the appellant.

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I have no dealt into the factual scenario as the involvement and negligence and the policy being invoked are not in dispute.

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This Court is thankful to both the counsels to getting this matter of 1999 disposed of.

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Rest of the amount lying in fix deposit would be disbursed to the claimants forthwith.

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Order Date :- 16.10.2019 A.N. Mishra

Oriental Insurance Co.Ltd. v. Smt.Barti Devi

Case brief

What is this about?

What did the court decide?

Oriental Insurance Co.Ltd. v. Smt.Barti Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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