Icici Lombard General Insurance ... vs Smt. Sarvesh And Others
2012 Latest Caselaw 1574 ALL

Citation : 2012 Latest Caselaw 1574 ALL
Judgement Date : 10 May, 2012

Allahabad High Court

Icici Lombard General Insurance ... vs Smt. Sarvesh And Others on 10 May, 2012

Bench: Rajes Kumar, Anil Kumar Sharma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1891 of 2012
 

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

 
Hon'ble Rajes Kumar,J.

Hon'ble Anil Kumar Sharma,J.

Learned counsel for the appellant states that the Tribunal has wrongly applied multiple of 16. The age of the deceased was 42 years and, therefore, in view of the decision of the Apex Court in the case of Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, reported in 2009 (2) T.A.C. 677, the multiplier should be 14. He further submitted that in the absence of any evidence of income, the estimate at Rs.3500/- is excessive.

Issue notice to the respondents. The appellant may take steps to serve the respondent by ordinary post as well as by registered post.

List in the week commencing 23.7.2012 for admission.

Meanwhile, the operation and execution of the judgment and award dated 9.2.2012 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Moradabad in M.A.C.P. No. 75 of 2011, shall remain stayed provided the appellant deposits 80% of the amount awarded by the Tribunal within four 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 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 :- 10.5.2012