Over 2 lakh Indian cases. Search powered by Google!

Case Details

NATIONAL INSURANCE CO. LTD. versus ANIL KUMAR & ANOTHER

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


National Insurance Co. Ltd. v. Anil Kumar & Another - FIRST APPEAL FROM ORDER No. 992 of 2006 [2006] RD-AH 9228 (9 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

           Court No. 24  

First Appeal From Order No. 992  of 2004

United India Insurance Company ltd. ................  ...Appellant.

Vs.

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.

Dt:  9.5.2006

  n.u.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.