Dismissed

Oriental Insurance Company Ltd. v. Nar Dass

Himachal Pradesh HC8 Jul 2024FAO/59/2014

Case brief

AI extract

What is this about?

The High Court dismissed an appeal filed by Oriental Insurance Company against an award by the Motor Accidents Claims Tribunal. Relying on a prior coordinate bench judgment on the same accident, the court upheld the tribunal's award, noting the claimants are from the same family.

What did the court decide?

Upholding the award passed by the Motor Accidents Claims Tribunal, the appeal is dismissed.

Oriental Insurance Company Ltd. Vs Nar Dass — Insurance | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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FAO No. 59 of 2014 Decided on 08^th July, 2024

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Oriental Insurance Com.

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…Appellant Versus

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Nar Dass and others

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…Respondents

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Coram

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Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? No

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For the appellant: Dr. Lalit K. Sharma, Advocate. For the respondents: Mr. K.R. Kashyap, Advocate, for respondent No.1 to 3.

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Mr. Raj Negi, Advocate, for respondents No.4 and 5.

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Ajay Mohan Goel, Judge (Oral )

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By way of this appeal, the appellant assails the

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award passed by learned Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, District Shimla, H.P., in MACP No.0100063 of 2011, titled Nar Dass and another versus Ashwani Kumar Bhaik and others, decided on 06.01.2014, in terms whereof, a claim petition filed under Section 166 of the

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Motor Vehicles Act, 1988 was allowed by the learned Tribunal in the following terms:-

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“As per my findings on issues above, the petition of the petitioners is allowed and they are held entitled to Rs.4,46,052 with interest at the rate of 6% per annum from the date of petition till realization as compensation from respondents No.1 and 2, who shall be jointly and severally liable to pay the compensation to him. The costs of litigation assessed at Rs.3,000/-

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Since the vehicle was insured with respondent No.3, it shall indemnify the award and deposit the amount with this tribunal. The compensation paid to the petitioners earlier, if any, on the orders of this tribunal, shall be adjusted against the compensation now awarded to them. Memo of costs be prepared accordingly and file, after its due completion, be consigned to record room.”

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When the case was taken up for consideration

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today, the Court stands informed that an appeal filed by the appellant-Company in another award arising out of the same accident was dismissed on 23.03.2015 by the Hon’ble Coordinate Bench in FAO No.60 of 2014, titled Oriental Insurance Company Limited versus Master Rahul and others. Learned counsel are further ad-idem that in view of the fact that the grounds of challenge in the present appeal are akin to those, which were raised in the earlier filed FAO and as the claimants are from the same family, the appeal deserves the

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same fate.

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Having heard learned counsel for the parties and taking into consideration the fact that claimants in the present case sought compensation on account of the death of Smt. Ishra Devi, wife of claimant No.1 and mother of the other claimants, whereas, in FAO No.60 of 2014, the respondent/claimant was Rahul, son of Ishra Devi who was injured in the accident, whereas, Ishra Devi died as a result of the same incident, in which, Rahul received injury, this appeal is disposed of in the light of findings returned in FAO No.60 of 2014 dated 23.03.2015 by ordering the rejection of the appeal and upholding the award passed by the learned Motor Accidents Claims Tribunal, Kinnaur at Rampur Bushahr, District

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Shimla, H.P.

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(Ajay Mohan Goel) Judge

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July 08, 2024 (Vinod)

Oriental Insurance Company Ltd. v. Nar Dass

Case brief

What is this about?

What did the court decide?

Oriental Insurance Company Ltd. v. Nar Dass

Case brief

What is this about?

What did the court decide?

What the court decided

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