The High Court dismissed two miscellaneous appeals filed by National Insurance Company Ltd. against motor accident claim tribunal judgments awarding compensation to respondents, holding them debatable in light of a coordinate bench decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No. 216 of 2008
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National Insurance Co. Ltd. through the Administrative officer, National Insurance Company Ltd. 4th Floor, Sone Bhawan, Birchand Patel Marg, Patna
... ... Appellant/s
Versus
... ... Respondent/s
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with
Miscellaneous Appeal No. 217 of 2008
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National Insurance Company Ltd. through the Administrative officer, National Insurance Company Ltd. 4th Floor, Sone Bhawan, Birchand Patel Marg, Patna
... ... Appellant/s
Versus
Patna High Court MA No. 216 of 2008(13) dt.10-08-2023 2/4
... ... Respondent/s
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Appearance : (In Miscellaneous Appeal No. 216 of 2008) For the Appellant/s : Mr. Sachchida Nand Singh, Advocate For the Respondent/s : Mr. Rabi Bhushan Prasad-1, Advocate Mr. Nitee Ranjan, Advocate (In Miscellaneous Appeal No. 217 of 2008) For the Appellant/s : Mr. Sachchida Nand Singh, Advocate For the Respondent/s : Mr. Rabi Bhushan Prasad-1, Advocate Mr. Nitee Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER
13 10-08-2023
Heard the learned counsel for the parties.
Re: Miscellaneous Appeal No. 216 of 2008
the judgment and award dated 07.02.2008 and 16.02.2008 respectively, passed by District Judge cum Motor Vehicle Accident Claim Tribunal, Nalanda at Bihar Sharif in M.A.C.T. Case No. 154 of 2005, whereby the claim of the respondent has been allowed and learned Tribunal has awarded compensation Rs. 2,73, 500/- in favour of the claimant, out of which, 80% is to be paid by the appellant along with 9% interest over the same from the date of filing the case i.e. from 21.09.2005 till the date of its realisation.
Re: Miscellaneous Appeal No. 217 of 2008
the judgment and award dated 07.02.2008 and 16.02.2008
Patna High Court MA No. 216 of 2008(13) dt.10-08-2023 3/4
respectively, passed by District Judge cum Motor Vehicle Accident Claim Tribunal, Nalanda at Bihar Sharif in M.A.C.T. Case No. 171 of 2005, whereby the claim of the respondent has been allowed and learned Tribunal has awarded compensation Rs. 3,69, 500/- in favour of the claimant, out of which, 80% is to be paid by the appellant along with 9% interest over the same from the date of filing the case i.e. from 21.09.2005 till the date of its realisation
Patna High Court MA No. 216 of 2008(13) dt.10-08-2023 4/4
Miscellaneous Appeal No. 301 of 2008, these miscellaneous
appeals are also dismissed on the same terms.
(Khatim Reza, J)
premchand/-
U
1 issue framed by the court
Whether the learned Tribunal's judgment awarding compensation to respondents should be revisited in light of a coordinate bench order.
Colour shows how this judgement treated each authority
Miscellaneous Appeal No. 301 of 2008Referred¶40
National Insurance Co. Ltd.
Sushila Devi
Nande Nat
Tappu Nat
Kanhaiya Sah
Anil Yadav
KHATIM REZA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
