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BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD. versus GYAN DAS SONKAR & OTHERS

High Court of Judicature at Allahabad

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Branch Manager, The Oriental Insurance Company Ltd. v. Gyan Das Sonkar & Others - FIRST APPEAL FROM ORDER No. 997 of 2006 [2006] RD-AH 8041 (20 April 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

Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This First Appeal From Order under Section 173 of the Motor Vehicles Act, 1988 has been filed by the Insurance Company against the judgment and award dated 23rd January, 2006 passed by the Tribunal in Claim Petition No.13 of 2003 by which an amount of Rs.1,61,000/- has been awarded along with 6% interest.

The claimant had claimed compensation for the injuries sustained due to the accident which had occurred on 8th December, 2002. The Tribunal has recorded a finding that injuries had been caused because of the accident caused by the rash and negligent driving of Vehicle No.UP63/0492 which was owned by Sri Rakesh Kumar Dubey. The bones had been crushed and the kneecap has also shifted. It was also found that he had suffered 60% permanent disability and because of the injuries he was unable to do any work. The Tribunal has calculated an amount taking his age to be 35 years and applying multiplier of 16.

Learned counsel for the appellant submitted that the amount awarded by the Tribunal is highly excessive and has been arrived at without any basis.

We are unable to agree with this contention. In our opinion the findings have been arrived at on the basis of the material available on record. The Appeal is, therefore, liable to be dismissed and is, accordingly, dismissed. The amount deposited by the appellant shall be transmitted to the Tribunal.  

Dt/-20.4.2006

GS-997


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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

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