The Oriental Insurance Co. Ltd. vs Smt. Sunita Sharma And Others
2012 Latest Caselaw 1777 ALL

Citation : 2012 Latest Caselaw 1777 ALL
Judgement Date : 15 May, 2012

Allahabad High Court

The Oriental Insurance Co. Ltd. vs Smt. Sunita Sharma And Others on 15 May, 2012

Bench: Rajes Kumar, Het Singh Yadav




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1942 of 2012
 

 
Petitioner :- The Oriental Insurance Co. Ltd.
 
Respondent :- Smt. Sunita Sharma And Others
 
Petitioner Counsel :- S.K. Kakkar,Sumit Kakkar
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Het Singh Yadav,J.

Learned counsel for the appellant submitted that after the death of the deceased, his wife is getting pension and his daughter also got compassionate appointment and, therefore, the amount of pension and the salary should be deducted while calculating the loss of income suffered by the claimants on account of the death of the deceased.

The matter requires consideration.

Admit.

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

Until further orders of this Court, the execution of impugned judgment and decree (award) dated 3.2.2012 passed by the Motor Accident Claims Tribunal/ District Judge, Badaun, in M.A.C.P. No. 24 of 2011, Smt. Sunita Sharma and others vs. Sri Krishna and others, shall remain stayed provided the appellant deposits 50% of the amount awarded by the Tribunal within four weeks. The claimants shall be entitled to withdraw the entire amount deposited. Any amount already deposited shall be given adjustment. The Registry is directed to remit the statutory amount to the concerned Tribunal within three weeks.

Order Date :- 15.5.2012