Allowed

United Insurance Company Limited v. Lala Ram Alias Lakhan Singh and 6 Others

Allahabad HC24 Feb 2020FAFO/4502/2018

Case brief

AI extract

What is this about?

This first appeal challenged a motor accident compensation award, specifically regarding the arbitrary application of a multiplier and the validity of a hit and run claim. The court held the multiplier to be 15 instead of 16, reducing the payable amount, and allowed the appeal in part.

What did the court decide?

Reduced the compensation payable by Rs. 36,000/- to Rs. 5,55,000/- and allowed the appeal in part.

United Insurance Company Limited Vs Lala Ram Alias… — Motor Accident Claims | Allahabad HC (2020)

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Court No. - 53

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Case :- FIRST APPEAL FROM ORDER No. - 4502 of 2018

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Appellant :- United Insurance Company Limited Respondent :- Lala Ram Alias Lakhan Singh And 6 Others Counsel for Appellant :- Ajay Singh Counsel for Respondent :- Santosh Kumar Tiwari,Jitendra Kumar

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Hon'ble Vivek Agarwal,J.

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Heard Sri Ajay Singh, counsel for the appellant and Sri Santosh Kumar Tiwari, counsel for the respondents.

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As per office note, notices could not be served on respondent no.7.

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Sri Ajay Singh, counsel for the appellant fairly admits that presence of respondent no.7 is not required as he has already died during the course of the claim petition.

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Sri Ajay Singh, submits that it was a case of 'hit and run' and learned Claims Tribunal has arbitrarily awarded compensation not taking into consideration false implication of the Motorcycle bearing Registration No.U.P.-25 A.B.3789. He has drawn attention of this court to the protest petition which was filed by the claimants against the final report furnished by the Police Authorities and submits that since the protest petition too was dismissed, there is no justification in the award passed by the learned claims tribunal. It is also submitted that admittedly age of the deceased was 40 years, therefore, multiplier of 15 will be applicable but arbitrarily learned Claims Tribunal has applied multiplier of 16.

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As far as plea of 'hit and run' is concerned, in the award itself, there is a mention of Criminal Revision No.250 of 2016, Lala Ram @ Lakhan Singh Vs. Ram Das, filed against the protest

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petition and this Criminal Revision was allowed as has been noticed by learned Claims Tribunal. Therefore, in the light of the admitted position as has been admitted by learned counsel for the Insurance Company that neither they got any independent investigation carried out nor examined any witness to question the factum of accident, the only issue which remains open is of multiplier.

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Admittedly, as per the law laid down in case of Sarla Verma and others Vs. Delhi Transport Corporation as reported in (2009) 6 SCC 121 , multiplier of 15 will be applicable and, therefore, instead of Rs.5,76,000/- as has been awarded by learned Claims Tribunal sum of Rs.5,40,000/- will be payable to the claimants. Therefore, there will be reduction of Rs.36,000/out of the claim amount as has been awarded by learned Claims Tribunal and in place of Rs.5,91,000/- claimants will be entitled to only a sum of Rs.5,55,000/-.

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With the aforesaid modification, the appeal is allowed in part.

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Order Date :- 24.2.2020 Ashutosh

United Insurance Company Limited v. Lala Ram Alias Lakhan Singh and 6 Others

Case brief

What is this about?

What did the court decide?

United Insurance Company Limited v. Lala Ram Alias Lakhan Singh and 6 Others

Case brief

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What did the court decide?

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