United India Insurance Co. Ltd. Vs Shailendra Kumar and Others

Court No. - 33

Case :- FIRST APPEAL FROM ORDER No. 2259 of 2005

Appellant :- United India Insurance Co Ltd Respondent :- Shailendra Kumar And Others Counsel for Appellant :- A.C. Nigam Counsel for Respondent :- Abhishek Kumar Jaiswal,Umesh Chandra Shukla

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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Heard Sri A.C. Nigam, learned counsel for the appellant, Sri Abhishek Kumar for the respondents and perused the judgment and order impugned.

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This appeal, at the behest of the Insurance company, challenges the judgment and award dated 30.07.2005 passed by Motor Accident Claims Tribunal, Allahabad (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 842 of 2002 awarding a sum of Rs.1,14,000/- with interest at the rate of 8%.

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The amount of Rs.1,14,000/- has been ordered for the death of Kallu. The ground urged is that during the life time of class I heirs, the petition was not maintainable and it is respondent no.4, who is the mother of the deceased, was alive when the claimants filed the claim petition. Kallu was travelling in the vehicle as a gratuitous passenger. The judgment of National Insurance Company Limited Vs. Swarn Singh and others, 2004 (1) TAC 321 , will come to the aid of the claimants.

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The amount, being very meagre and the deceased being a third party, the appeal fails and is dismissed. The interim relief is vacated. It is submitted that the entire amount has been deposited as per the orders of this Court. 5. This Court is thankful to Sri A.C. Nigam for amicably assisting this Court and Sri Abhishek Kumar for the claimants.

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Order Date :- 17.9.2019 Irshad

United India Insurance Co. Ltd. v. Shailendra Kumar and Others

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United India Insurance Co. Ltd. v. Shailendra Kumar and Others

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