Partly allowed

Vijay Pal v. New India Assurance Co. Ltd. and Others

Allahabad HC7 Aug 2019FAFO/408/1996

Case brief

AI extract

What is this about?

The single judge allowed part of the appeal challenging a motor accident tribunal decree awarded 23 years prior. Recognizing the delay and intervenient death of the claimant, the court modified the quantum for disability and reduced the interest rate from 12% to 9% for a period and 6% thereafter.

What did the court decide?

The award was recalculated to Rs.40,000/- for pain and suffering plus the original quantum. Interest reduced to 9% from filing and 6% thereafter.

Vijay Pal Vs New India Assurance Co. Ltd. and Others — Motor Accident Claims | Allahabad HC (2019)

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Court No. - 33

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Case :- FIRST APPEAL FROM ORDER No. - 408 of 1996 Appellant :- Vijay Pal Respondent :- New India Assurance Co. Ltd. And Others Counsel for Appellant :- B.R. Singh Counsel for Respondent :- M.K.Pandey,P.K.Sinha

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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Heard learned counsel for the parties.

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This appeal, at the behest of the claimant, challenges the award/ decree dated 16.1.1996 passed by Motor Accident Claims Tribunal/ IVth Additional District Judge, Mainpuri (hereinafter referred to as 'Tribunal') in Claim Petition No.260 of 1994 awarding a sum of Rs.90,000/- with interest at the rate of 12%.

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Facts are not necessary as the accident is not in question. Negligence is proved against the respondents. The policy be vogue is accepted. There are no submission as far as breach of policy is concerned.

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By way of this appeal which is preferred in the year 1996 for injuries to a person who was 17 years of age and had sustained 45% disability for which on 1st January 1996 the Tribunal awarded a sum of Rs.90,000/- with interest at the rate of 12%.

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During this interregnum period of 23 years, the original claimant - Vijay Pal Singh passed away. It is a natural death. In the year 2017, the heirs have been substituted. Though the application was filed in the year 2010.

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May that as it may be, it has been submitted by Sri P.K. Sinha, learned counsel for the respondent that the judgment does not call for any interference as there was no infirmity shown and no disability certificate / injury report was ever filed before the Tribunal despite that the Tribunal has granted the said amount.

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While considering the facts and circumstances, the word pain shock and suffering and for maintaining the person with 45% disability for 14 years the heirs are entitled to a lumpsum amount of Rs.40,000/-. However, the amount of 40% will carry 9% rate of interest from filing of claim petition and 6% thereafter. The amount of Rs.90,000/- granted with 12% rate of interest is not disturbed. The oral request of Sri P.K. Sinha, counsel for respondent that 12% rate of interest is on higher side is accepted. The amount be worked out within 12 weeks from today by considering Rs.40,000/- with 9% rate of interest

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from date of filing of claim petition and 6% thereafter till the amount is deposited with the Tribunal. No amount shall be kept in fixed deposit and be disbursed to the claimants.

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The appeal is partly allowed. Rs.1,30,000/- be recalculated with the rate of interest specified by this Court.

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The record and proceedings be sent back to the Tribunal.

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This Court is thankful to both the counsels to see that this very old matter disposed of.

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Order Date :- 7.8.2019/Mukesh

Vijay Pal v. New India Assurance Co. Ltd. and Others

Case brief

What is this about?

What did the court decide?

Vijay Pal v. New India Assurance Co. Ltd. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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