Partly allowed

The New India Assurance Co. Ltd. v. Heera Devi and 2 Others

Allahabad HC22 Jan 2021FAFO/119/2020

Case brief

AI extract

What is this about?

An appeal against a Motor Accident Claims Tribunal award was filed by an insurance company. The court dismissed the argument regarding liability for a parking incident but modified the award regarding loss of love and affection citing Supreme Court precedent, reducing the liability amount.

What did the court decide?

Award of Rs. 29,26,000 modified to Rs. 28,86,000; appeal allowed in that extent.

The New India Assurance Co. Ltd. Vs Heera Devi and 2… — Motor Accident Claims | Allahabad HC (2021)

¶1

Court No. - 1

¶2

Case :- FIRST APPEAL FROM ORDER No. - 119 of 2020

¶3

Appellant :- The New India Assurance Co. Ltd. Respondent :- Heera Devi And 2 Others Counsel for Appellant :- Sudhanshu Behari Lal Gour Counsel for Respondent :- Aishwarya Pratap Singh

¶4

Hon'ble Vivek Agarwal,J.

¶5

Shri Amitanshu Gaur, learned counsel for the appellant and Shri A.P. Singh learned counsel for the respondents.

¶6

This appeal has been filed by the insurance company being aggrieved of the award dated 18.10.2019 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No.6, Aligarh on two grounds viz., deceased was a bachelor yet a sum of Rs.40,000/- has been awarded to the claimants under the head of loss of consortium. Secondly it is submitted that fact of the accident is though admitted but how this accident took place requires to be appreciated, so to shift the burden of liability from the insurer/owner of the vehicle in which deceased was travelling to the one which was standing in front of that vehicle and had obstructed parking of the vehicle in which deceased was travelling.

¶7

Shri Gaur submits that this accident took place on Yamuna Express High Way where a trailer was parked at no parking spot in a fast lane when driver of the vehicle in which deceased was travelling, parked his vehicle behind the trailer and had stepped out to discuss in appropriate parking with the driver of the trailer when the vehicle in which deceased was travelling was hit from behind by another vehicle and then it being a fast lane there was a series of collisions on account of number of vehicles travelling on the same road in quick succession.

¶8

Outlining the facts in this manner, it is submitted that in fact liability is of the owner of the trailer which was inappropriately parked on a fast lane on Yamuna Express High Way which had obstructed smooth passage of the vehicle in which deceased was travelling, resulting in series of collisions from behind.

¶9

This argument though very enthusiastically put forth by Shri Gaur deserves to be dismissed and is dismissed inasmuch it is not the case of the appellant that vehicle in which deceased was travelling had collided from behind with the trailer which was

¶10

standing in front of it. Secondly, learned tribunal has recorded a finding of composite negligence and therefore, onus is on the insurer of the vehicle in which deceased was travelling as a third party to compensate the legal heirs of the deceased and if they have any grievance against the owner/insurer of the trailer which was standing in front they may have separate remedy against them.

¶11

Therefore, this ground is not sufficient to interfere in the award. However, there is substance in the arguments raised on behalf of appellant that learned tribunal has arbitrarily awarded a sum of Rs.40,000/- under the head of loss of love and affection, which is not available in the light of law laid down in the case of National Insurance Company Ltd., vs. Pranay Sethi and others as reported in (2017) 16 SCC 680 . Therefore, award is suitably modified and it is directed that in place Rs.29,26,000/awarded by learned claims tribunal, appellants will be liable to pay only a sum of Rs.28,86,000/- (Rupees twenty eight lakhs and eighty six thousand only).

¶12

To this extent, the appeal is allowed and disposed of.

¶13

Order Date :- 22.1.2021 VS

The New India Assurance Co. Ltd. v. Heera Devi and 2 Others

Case brief

What is this about?

What did the court decide?

The New India Assurance Co. Ltd. v. Heera Devi and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

United India Insurance Co. Ltd. Vs Gajraj Singh and 6 Others

United India Insurance Company Limited Vs Smt. Rani Rajpoot and 4 Others

Smt.Poonam Vs Amit Kumar and Another

Mamtesh and 2 Others Vs Mesers Mateshwari Engineering and Electrical Works and 2 Others

Uttar Pradesh State Road Transport Corporation Vs Kusum and 5 Others

Executive Engineer Vidyut Vitran Khand and Another Vs Mamtesh and 3 Others