Cholamandalam M.S. General Insurance Co. Ltd. Vs Smt. Akal and 4 Others

Court No. - 1

Case :- FIRST APPEAL FROM ORDER No. - 2924 of 2015

Appellant :- Cholamandalam M.S. General Insurance Co. Ltd. Respondent :- Smt. Akal And 4 Others Counsel for Appellant :- Pranjal Mehrotra

Counsel for Respondent :- Om Prakash Tripathi,Amit Kumar Singh,Ram Singh

Hon'ble Vivek Agarwal,J.

¶6

Heard Sri Pavan Kumar Mishra, learned counsel for the appellant and Sri Ram Singh, learned counsel for the claimants.

This appeal has been filed by the insurance company being aggrieved of award dated 07.08.2015 passed in Claim Case No. 22 of 2014 by the learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 5, Jhansi on the sole ground that widow of the deceased has been granted compassionate appointment and is also getting family pension, therefore, she is not entitled to be awarded any compensation on account of loss of income or under any other head and therefore, the appeal be allowed and award be set aside.

This issue is no more res-integra and has been settled in case of Vimal Kanwar and Others vs. Kishore Dan and Others as reported in 2013 (3) T.A.C. 6 (S.C.), in view of such decision of Hon'ble Supreme Court, argument raised by learned counsel for the appellant is bereft of merits and this appeal has been filed in gross disregard to the law already settled in this regard by Hon'ble Supreme Court, therefore, appeal is dismissed. Appellant insurance company to bear cost of the opposite party, which is quantified at Rs. 10,000/- (ten thousand rupees).

Order Date :- 5.1.2021 Vikram/-

Cholamandalam M.S. General Insurance Co. Ltd. v. Smt. Akal and 4 Others