Icici Lombard General Insurance ... vs Kanchan Singh And Others
2012 Latest Caselaw 1339 ALL

Citation : 2012 Latest Caselaw 1339 ALL
Judgement Date : 3 May, 2012

Allahabad High Court

Icici Lombard General Insurance ... vs Kanchan Singh And Others on 3 May, 2012

Bench: Rajes Kumar, Anil Kumar Sharma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1769 of 2012
 

 
Petitioner :- Icici Lombard General Insurance Co. Ltd.
 
Respondent :- Kanchan Singh And Others
 
Petitioner Counsel :- Amit Manohar
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Anil Kumar Sharma,J.

Learned counsel for the appellant submitted that the deceased was unmarried therefore in view of the principle laid down by the Apex Court in the case of Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, reported in 2009 (2) TAC 677 the deduction for personal expenses should be allowed 50% while the Tribunal has allowed 1/3rd deduction and accordingly estimated the compensation on a higher side.

Issue notice to the respondents returnable an early date. The appellant may take steps to serve the respondents by ordinary post as well as by registered post.

List in the week commencing 23.7.2012 for admission.

Until further orders of this Court, the operation and execution of the judgment and award dated 2.2.2012 passed by the Motor Accident Claims Tribunal / District Judge, Kanshiram Nagar in M.A.C.P. No. 46 of 2010 shall remain stayed provided the appellant deposits a sum of Rs.3,00,000/- within a period of six weeks. 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 yield maximum interest. Any amount already deposited shall be given adjustment. The Registry is directed to remit the statutory amount to the concerned Tribunal within four weeks.

Order Date :- 3.5.2012