Allahabad High Court
Iffco-Tokio General Insurance ... vs Naseer And 4 Others on 20 January, 2021
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 3994 of 2017
Appellant :- Iffco-Tokio General Insurance Co. Ltd.
Respondent :- Naseer And 4 Others
Counsel for Appellant :- Saurabh Srivastava
Counsel for Respondent :- Chandra Kant Jha,Manish Tandon
Hon'ble Vivek Agarwal,J.
1. Heard Sri Saurabh Srivastava, learned counsel for the appellant and Sri Manish Tandon, learned counsel for the respondents.1.
2. This appeal has been filed by the Insurance Company being aggrieved of award dated 03.04.2017 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No.5, Kanpur Nagar in Claim Case No.1081 of 2014 on the ground that learned Claims Tribunal has awarded a sum of Rs.1,50,000/-(one lakh and fifty thousand) in favour of the claimants overlooking the fact that age of the deceased on the date of the accident was about 10 years and, therefore, excessive compensation has been awarded by the learned Claims Tribunal overlooking the facts and circumstances of the case.
3. Learned cousnel for the claimants, on the other hand, submits that they have filed cross objections under Order 41 Rule 22 read with Section 151 C.P.C. on the ground that learned Tribunal has ignored the settled principles of law laid down by the Supreme Court as well as this Court in case wherein, age of the deceased is 10 years or below, but reasonably higher compensation is granted. No amount of compensation has been awarded under the head of loss of estate, funeral expenses etc. and, therefore, the award be revised upwards granting suitable compensation.
4. Learned counsel for the insurance company opposes and submits that there is no error in the award and it be maintained as it is.
5. Hon'ble Supreme Court of India in Civil Appeal No. 2624 of 2020 arising out of S.L.P. (Civil) No(s). 13964 of 2018, Rajendra Singh and Others vs. National Insurance Co. Ltd. decided along with Civil Appeal No(s). 2625 of 2020 arising out of S.L.P. (Civil) No(s). 1626 of 2018 has considered the case of a minor and has dealt with this aspect and in a case of school going child, aged about 12 years held that she had a whole future to look forward in life with all normal human aspirations. She had died prematurely due to the accident at a very tender age for no fault of hers even before she could start to understand the beauty and joys of life with all its ups and downs and had awarded a compensation of Rs. 2,95,000/- (two lakhs ninety five thousand rupees) for an accident which took place on 25.12.2012.
6. Finding of contributory negligence is not sustainable in the light of the fact that qua the claimant its a case of composite negligence, as has been held by the Supreme Court in case of Rajendra Singh and Others vs. National Insurance Co. Ltd. Under the facts and circumstances of the case and applying the ratio of this judgment, I am of the opinion that ends of justice will meet if a sum of Rs. 2,95,000/- (two lakhs ninety five thousand rupees) is awarded in favour of the appellant which shall carry interest @ 7% from the date of filing of the claim petition till the date of actual payment.
7. Accordingly, appeal is disposed off.
Order Date :- 20.1.2021
Ashutosh
