First appeal by insurance company challenging motor accident award's income assessment. Court held that RTI info was admitted because evidence was not closed and parties got opportunity to rebut. Appeal dismissed as damages were based on proved last salary.
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Neutral Citation No. - 2024:AHC-LKO:10355
Court No. - 4
Case :- FIRST APPEAL FROM ORDER No. - 6 of 2024
Appellant :- The Oriental Insurance Company Ltd., Lucknow Thru. Manager Respondent :- Sarita Devi And Others Counsel for Appellant :- Satyajit Banerji Counsel for Respondent :- Manoj Kumar Dubey
Hon'ble Rajnish Kumar,J.
office of Khand Vikas Adhikari Rudauli, Faizabad,therefore the appellant had preferred an application for summoning the Khand Vikas Adhikari but the same was rejected. He further submits that the salary of the deceased has been assessed on the basis of the last pay drawn for the month of April 2015 and in regard to the aforesaid lesser amount of 13517/-, the explanation of the respondent has been accepted on the basis of information given under the Right to Information Act that the deceased was suspended during the said period, whereas the said information was filed after closure of the evidence,therefore the same could not have been considered by the learned tribunal.
opportunity given to the appellant also, no evidence contradicting the same was adduced by the appellant. Therefore the appellant are stopped from assailing the said order on this ground. He further submits that the application of the appellant for summoning the Khand Vikas Adhikari was rejected and the same has not been challenged. Even otherwise, the deceased who was working on the post of Gram Vikas Adhikari had died in an accident on 28.05.2015 and the last pay drawn in the month of April 2015 was proved before the Tribunal. Considering the same, the salary of the deceased has rightly been considered and the damages have been assessed by the Tribunal. The appeal has been filed on misconceived and baseless grounds, which is liable to be dismissed.
of the deceased the salary certificate for the month of April 2015, just prior to his death, duly signed by the Khand Vikas Adhikari,Rudauli, Faizabad was placed on record as C 34/4. The same has been proved by adducing the evidence of the clerk of the Khand Vikas Adhikari namely Adya Kant Tiwari as P.W.3.Even in the cross examination he proved the said salary certificate and disclosed that after deduction, the deceased was getting Rs.19183/- per month. He also stated that no income tax was payable by the deceased.
Order Date :- 5.2.2024 Akanksha
Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the Tribunal erred in allowing RTI information on record filed after the closure of evidence?
Whether the Tribunal correctly assessed the deceased's income based on last drawn salary despite pending suspension period?
Whether the assessment of damages was based on illegal or erroneous income calculation?
1 provisions across 1 enactments
The Oriental Insurance Company Ltd., Lucknow Thru. Manager
Sarita Devi And Others
Rajnish Kumar
Akanksha Srivastava
As recorded by the court registry
3 orders share this CNR
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