Disposed

National Insurance Co. Ltd. Faizabad Thru. Manager Legal v. Reeta and 4 Others

Allahabad HC16 Apr 2024FAFO/102/2024

Case brief

AI extract

What is this about?

The High Court appointed counsel to the insurance appellant. Upon deposit of the decretal amount with interest before the Motor Accident Claims Tribunal, the Court ordered release of 50% of the awarded amount to claimants and kept the balance in a fixed deposit account.

What did the court decide?

Appellant to deposit decretal amount with interest; 50% of award releaseable to claimants; balance kept in interest bearing fixed deposit.

National Insurance Co. Ltd. Faizabad… — Contract and Commercial Disputes | Allahabad HC (2024)

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Court No. - 5

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Case :- FIRST APPEAL FROM ORDER No. - 102 of 2024

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Appellant :- National Insurance Co. Ltd. Faizabad Thru. Manager Legal Respondent :- Reeta And 4 Others Counsel for Appellant :- Inder Preet Singh Chadha Counsel for Respondent :- Mukesh Singh

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Hon'ble Rajnish Kumar,J.

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Heard Sri I.P.S. Chaddha, learned counsel for the appellant and Sri Mukesh Singh, learned counsel for the claimant-respondents no.1,2 and 3.

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Learned counsel for the appellant submits that the involvement of offending vehicle in the accident in question is doubtful because the same was got released by the owner on the ground that the same was stolen but it has not been considered by the tribunal. He further submits that age of the deceased as per own claim of the respondents was 51 years on the date of accident,therefore the multiplier of 11 should have been applied in place of 13 and the future prospects should have been awarded at the rate of 10% in place of 25%. Therefore the judgment and award passed by the tribunal is not sustainable.

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Per contra, learned counsel for the respondent submits that chargesheet has been filed against the driver of the offending vehicle therefore the contention of learned counsel for the appellant is mis-conceived. He relies on a Division Bench judgment of this Court in the case of The New India Assurance Company Ltd. Through Divisional Manager versus Lekhraj son of Late Sri Mahipal and Ors.,2008 LawSuit(All) 811,ADJ 370,2009 AIHC 1544. He further submits that the age of the deceased was 50 years at the time of accident, which is apparent from the copy of the pariwar register and the post mortem report and the aadhar card cannot be a proof for age. Therefore the multiplier and the future prospects have rightly been assessed.

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The matter requires consideration.

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Admit.

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Issue notice to the respondent nos.4 and 5 returnable at an early date.

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Steps to be taken within a week.

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In case the appellant deposits the total decretal amount

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alongwith interest with the concerned Tribunal after adjusting the statutory deposit made before this court within a period of six weeks from today, no coercive action shall be taken against the appellant in pursuance of the impugned judgment and award dated 09.01.2024 passed in M.A.C.P.No.21/2018; Reeta and others versus National Insurance Co. Ltd.& Others) by the Motor Accident Claims Tribunal, Faizabad.

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After deposit of the aforesaid amount by the appellant, 50% of the awarded amount shall be released in favour of the claimantrespondents and remaining amount shall be kept in an interest bearing fixed deposit account in a nationalized bank initially for a period of one year with an auto renewal facility.

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Order Date :- 16.4.2024 Akanksha

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Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

National Insurance Co. Ltd. Faizabad Thru. Manager Legal v. Reeta and 4 Others

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd. Faizabad Thru. Manager Legal v. Reeta and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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