High Court of Judicature at Allahabad
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National Insurance Co. Ltd. v. Anil Kumar & Another - FIRST APPEAL FROM ORDER No. 992 of 2006  RD-AH 9228 (9 May 2006)
Court No. 24
First Appeal From Order No. 992 of 2004
United India Insurance Company ltd. ................ ...Appellant.
Smt. Shiv Kumari Devi
and others. ......... Opp. Parties.
Hon'ble Barkat Ali Zaidi, J
1. This is an appeal by the Opp. Party No. 2 United India Insurance Company against the award dated 17.1.2004 passed by the Motor Accident Claims Tribunal/ Addl. District Judge court No.17, Allahabad in Motor Accident Claims Petition No. 91 of 1992.
2. The respondents-claimants who are respectively the mother, father, widow and minor children of the deceased had filed a petition under the provisions of the Motor Vehicles Act before the Motor Accident Claims Tribunal , Allahabad claiming a total sum of Rs. 3,58,300/- besides interest with the allegation that the Driver of the Truck No. URG-2417 , OF WHICH Opp.party No.1 Respondent Chaman Lal Chawla was the owner and by his act of rash and negligent driving, he had killed the deceased Triloki Nath on 7.4.1982 at 11.30 A.M. at G.T. Road, Village Harwara District Allahabad. The Truck was insured with the Opp.Party No.2, United Insurance Company on the date of accident. Opp.party No. 1 Chaman Lal Chawla, owner of the Truck denied the factum of the Truck having been driven rashly and negligently at the time of the accident and pleaded that liability if any to pay the compensation rested with the Opp.party No.2 United India Insurance Company with whom the vehicle was insured at the time of the accident. The Opp.party No.2 United India Insurance Company pleaded that the liability if any to pay the compensation of the Insurance Company was limited to the extent of Rs. 50,000/-. The Tribunal allowed the claim petition partly and awarded an amount of Rs. 15,000/- in all infavour of the claimants to be paid by the Opp.party No. 2 Insurance Company.
3. The claimants challenged this order by filing an appeal before the High Court. High Court allowed the appeal and remanded backthe case to the Tribunal with a direction that the income of the deceased be taken to be Rs. 500/- in place of Rs. 250/- per month as fixed by the Tribunal. Interest be also awarded.
4. The Motor Accident Claims Tribunal, thereafter, enhanced the award quantifying at Rs. 30,000/- in place of of Rs. 15,000/- earlier awarded amount but the claimants again came in appeal No. 568 of 1999 complaining about the paucity of the award. The High Court again remanded the case back to the Tribunal allowing the appeal with the direction that the Tribunal shall calculate the amount of compensation applying a multiplier of 17th which shall be paid in accordance with the terms and conditions provided in the impugned award , which was not so calculated., and also to pay interest at the rate of 9% per annum from the date of filing of the claim petition.
5. The Tribunal, thus, passed the fresh award by awarding compensation amount of Rs. 75,340/- and the interest on it at the rate of Rs. 9% per annum from the date of filing of the claim petition payable by the appellant-Opp. Party United Indian Insurance Company and that what brings the United India Insurance Company in this appeal.
6. Counsel for the parties have been heard.
7. Even after two remand orders, there survives in the case a gross lacuna but I will refrain from going in for a Hat-Trick. The short coming which shall lingers is that the liability of appellant Insurance Company according to the insurance policy is only Rs. 50,000/- , which has also been all through the case of the appellant, while the Insurance Company is asked to pay Rs. 75,340/- and the interest. There could be no controversy on the score that the appellant Insurance Company cannot be asked to pay more than Insurance amount. The liability of the appellant Insurance Company is limited to the Insured amount. The rest of the amount of the award will have to be transferred to the Opp.party No.1/ respondent, owner of the Truck and he has to pay the same. The impugned order is modified accordingly. The appellant Insurance Company as well as respondent Opp.Party Owner of the Truck will pay 9% per annum interest on the respective amount aforementioned from the date of filing of the petition to the respondents/claimants. Costs made easy.
8. The appeal is disposed of accordingly.
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