The New India Assurance Co. Ltd. vs Ashok Singh And Others
2012 Latest Caselaw 814 ALL

Citation : 2012 Latest Caselaw 814 ALL
Judgement Date : 25 April, 2012

Allahabad High Court

The New India Assurance Co. Ltd. vs Ashok Singh And Others on 25 April, 2012

Bench: Rajes Kumar, Virendra Vikram Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1661 of 2012
 

 
Petitioner :- The New India Assurance Co. Ltd.
 
Respondent :- Ashok Singh And Others
 
Petitioner Counsel :- S.K. Mehrotra
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Virendra Vikram Singh,J.

The contention of the appellant is that the vehicle, which was involved in the accident, was not holding the valid permit and thus, the term of the policy of the insurance has been violated and, therefore, the Insurance Company is not liable. He further submitted that the compensation has been calculated on the basis of the age of the deceased while it should be on the basis of the age of the parents. In support of his claim, he placed reliance on the decisions of the apex Court in the case of National Insurance Company Vs. Challa Bharathamma, reported in 2005 (1) T.A.C. 4 (SC) and Gyan Chand Jain and others Vs. Permanand and others, reported in 2003 (1) T.A.C. 490 (SC). According to him, in case if the compensation is being calculated on the basis of the age of the parents of the deceased it comes to Rs. 2,39,000/- while the Tribunal has awarded Rs.3,29,000/-.

We find substance in the argument of learned counsel for the appellant which requires consideration.

Admit.

Issue notice to the respondents returnable at an early date.

Meanwhile, the operation of the judgment and decree/ award dated 29.2.2012 passed by the Motor Accident Claims Tribunal/ Additional District Judge, Court No. 6, Jaunpur in M.A.C.P. No. 40 of 2010, Ashok Singh and another Vs. Pawan Kumar and others, shall remain stayed provided the appellant deposits Rs. 2,50,000/- within one month. Out of the total amount deposited, 50% only shall be paid to the claimants and the balance amount shall be kept in a Nationalized bank yielding maximum interest. Any amount already deposited shall be given adjustment. The Registry is directed to remit the statutory amount to the concerned Tribunal within two weeks.

Order Date :- 25.4.2012