Dismissed

New India Assurance Company Ltd. v. Smt. Ramwati Devi and Others

Allahabad HC23 Sept 2019FAFO/1408/2008

Case brief

AI extract

What is this about?

An appeal by an insurance company against a Motor Accident Claims Tribunal award challenging the finding that the deceased died due to the accident. The higher court found the Tribunal's view supported by evidence and precedent, dismissing the appeal and directing disbursement.

What did the court decide?

The appeal was dismissed; the judgment and award of the Tribunal were upheld and monies were directed to be disbursed.

New India Assurance Company Ltd. Vs Smt. Ramwati… — Motor Accident Claims | Allahabad HC (2019)

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Court No. - 33

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Case :- FIRST APPEAL FROM ORDER No. - 1408 of 2008 Appellant :- New India Assurance Company Ltd. Respondent :- Smt. Ramwati Devi And Others Counsel for Appellant :- Arvind Kumar Counsel for Respondent :- B.P.Verma

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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Heard Sri Arvind Kumar, learned counsel for the appellant and Sri V.P. Verma, learned counsel for the respondent-claimants. None appeared on behalf of respondent-owner.

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This appeal, at the behest of the New India Assurance Co. Ltd, challenges the judgment and award dated 5.2.2008 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Etah (hereinafter referred to as 'Tribunal') in M.A.C.Petition No. 189 of 2006 awarding sum of Rs.5,13,976/- as compensation in favour of the claimants with interest at the rate of 7%.

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The grounds of appeal as narrated in the memo of appeal go to show that claimants failed to prove that deceased died as a result of the alleged accident. In the F.I.R. name of the deceased was not there. D.W.4, Dr. D.P. Goyal, held that deceased died due to cardio-respiratory arrest and not because of the injuries sustained. What injuries were sustained by the deceased is also not known and the finding of the Tribunal is perverse.

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While going through the record, this Court finds that the deceased was a teacher and was earning Rs.15,000/- per month. He was also earning Rs.5,000/- by way of agricultural earnings. While going through the record, it is clear that the Insurance Company on whom the burden was to prove that the injuries on the dead by were not because of the accidental injuries, hence, this Court cannot take different stand in this appeal in absence of any proof to the contrary.

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The evidence of P.W.1, 2 and 3 goes to show that the deceased met with an accident though after that he died due to complications, would not take this matter out of the purview of the accidental injuries arising out of the motor

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accident. The Charge-sheet was also alleged the same. It is nobody's case that he was not hit by the said vehicle. Just because postmortem report, can it be said that the accident did not occur.

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In that view of the matter the judgment cited by the Tribunal namely Khairullah v. Anita 1994 ACJ 1017 ( AP ) will enure for the benefit of the claimants.

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In view of the above, the appeal fails and dismissed.

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The monies be disbursed to the claimants as considerable time has elapsed.

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Order Date :- 23.9.2019 DKS

New India Assurance Company Ltd. v. Smt. Ramwati Devi and Others

Case brief

What is this about?

What did the court decide?

New India Assurance Company Ltd. v. Smt. Ramwati Devi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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