Disposed

The National Insurance Company Ltd., Lucknow Thru. Regional Manager v. Smt. Sushila and Others

Allahabad HC30 Aug 2024FAFO/278/2024

Case brief

AI extract

What is this about?

Insurance company's first appeal from order challenging the Tribunal's assessment of the deceased's age and 40% future prospects in a motor accident award. Court admitted the appeal, issued notice, summoned the lower court record, and stayed coercive action subject to deposit of decretal amount.

What did the court decide?

Stay of coercive action on deposit of decretal amount within six weeks; 50% released to claimants, remainder in fixed deposit.

The National Insurance Company Ltd., Lucknow Thru… — Motor Accident Claims | Allahabad HC (2024)

¶1

Court No. - 6

¶2

Case :- FIRST APPEAL FROM ORDER No. - 278 of 2024

¶3

Appellant :- The National Insurance Company Ltd., Lucknow Thru. Regional Manager Respondent :- Smt. Sushila And Others Counsel for Appellant :- Satyajit Banerji

¶4

Hon'ble Rajnish Kumar,J.

¶5

Heard Shri Satyajit Banerji, learned counsel for the appellant.

¶6

Learned counsel for the appellant submits that the age of the deceased was disclosed in the First Information Report of the accident lodged by the brother of the deceased as 55 years, whereas the Tribunal on the basis of age of Adhar Card has determined his age as 40 years. Thereafter coming to the conclusion that he was below 40 years allowed the future prospects to the extent of 40% on the ground of loss of working capacity, whereas in the case of death it could not have been done and if the age of the deceased was 55 years as per the First Information Report, as disclosed by the brother of the deceased, only 10% can be allowed towards the future prospects.

¶7

The matter requires consideration.

¶8

Admit.

¶9

Issue notice.

¶10

Summon the Lower Court Record.

¶11

Steps to be taken within a week.

¶12

List with service report.

¶13

In case the appellant deposits the total decretal amount alongwith interest till the date of deposit 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 11.03.2024 passed in the Motor Accident Claim Petition No.226 of 2019; Smt.Sushila and others Versus National Insurance Company Ltd. and another by the Motor Accident Claims Tribunal, Barabanki till the next date of listing.

¶14

After deposit of the amount under this order, 50% of the amount shall be released in favour of the respondent/claimants

¶15

no.1 to 8 forthwith in terms of the impugned judgment and award dated 11.03.2024 passed in Motor Accident Claim Petition No.226 of 2019; Smt.Sushila and others Versus National Insurance Company Ltd. and another by the Motor Accident Claims Tribunal, Barabanki .

¶16

The rest of the amount shall be invested in an interest bearing fixed deposit account in a nationalized bank initially for a period of three years with an auto renewal facility.

¶17

The lower Court record shall be sent to this court after release of the amount in terms of this order.

¶18

...................................... .(Rajnish Kumar,J.) Order Date :- 30.8.2024 Banswar

¶19

Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench

The National Insurance Company Ltd., Lucknow Thru. Regional Manager v. Smt. Sushila and Others

Case brief

What is this about?

What did the court decide?

The National Insurance Company Ltd., Lucknow Thru. Regional Manager v. Smt. Sushila and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Smt. Zarina Begum and Others vs Waqf Alal Aulad Thru. Mutawalli Mohd. Qazim Khan (Dec.) and Others

Ram Singh and 3 Others vs State of U.P. and Another

Satish Kumar Singh vs State of U.P. and Another

National Insurance Company Ltd., Lucknow Thru. Regional Manager vs Shri Ram Prakash and Others

Sarita Puri vs Kanhaiya Bhalla and Another

Sarita Puri vs Kanhaiya Bhalla and Another