Allahabad High Court
The National Insurance Company ... vs Smt. Raisa Khatoon, on 26 July, 2021
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
(1)Case :- FIRST APPEAL FROM ORDER No. - 1076 of 2009
Appellant :- The National Insurance Company Ltd., Thru. The Manager,
Respondent :- Smt. Raisa Khatoon,
Counsel for Appellant :- U.P.S.Kushwaha,Rajendra Jaiswal
Counsel for Respondent :- Satendra Nath Rai
(2)Case :- FIRST APPEAL FROM ORDER No. - 1074 of 2009
Appellant :- The National Insurance Company Ltd., Thru. The Manager,
Respondent :- Shahabuddin,
Counsel for Appellant :- U.P.S.Kushwaha
Counsel for Respondent :- Manoj Kr. Jaiswal,P.K.Jaiswal,Rajendra Jaiswal,Satendra Nath Rai
AND
(3)Case :- FIRST APPEAL FROM ORDER No. - 1075 of 2009
Appellant :- The National Insurance Company Ltd., Thru. The Manager,
Respondent :- Smt. Munni,
Counsel for Appellant :- U.P.S.Kushwaha
Counsel for Respondent :- Manoj Kumar Jaiswal,P.K.Jaiswal,Rajendra Jaiswal,Satendra Nath Rai
Hon'ble Manish Mathur,J.
Heard learned counsel for parties.
The aforesaid three appeals pertains to the same incident and are therefore being decided by this common order.
The appeals under Section 173 of the Motor Vehicles Act 1988 have been filed against the judgment and award dated 28.05.2009 passed in Claim Petition arising out of the incident i.e. said to have occurred on 30.05.2001 at 13.50 hours in which an accident occurred between the passenger Train No.175 U.P. and Bus No.UGP 4138 at unmanned railway crossing. In the present case, the claimants are the heirs of the deceased who were going to attend the marriage of one Md. Ahmad, son of late Jahangeer along with a number of other passengers. Due to the accident, a number of appeals were filed before the Motor Accident Claims Tribunal which were allowed and the National Insurance Company and the railways were directed to pay compensation in the ratio of 60% and 40% respectively along with interest as provided in the impugned judgment and award.
Learned counsel appearing on behalf of parties are in agreement that the facts and circumstances of the present case are similar to a bunch of appeals that have been decided by means of judgment and order dated 30.04.2012 passed in F.A.F.O. No.1027 of 2009 (Union of India and others vs. Smt. Sadkoon and others) along with Cross-Objection No.31 of 2009 (Smt. Sadkun and others vs. Union of India and others) whereby the first appeal from order passed by the Railway Department and the National Insurance Company were dismissed upholding the judgment and award passed by the Motor Accident Claims Tribunal.
Learned counsel for parties are in agreement that facts and circumstances of the aforesaid judgments and the reasoning thereof are fully applicable in the present appeals.
In view of aforesaid, the appeals are dismissed in view of judgment and order dated 30.04.2012 passed in First Appeal From Order No.1027 of 2009 (supra) and the judgment award dated 28.05.2009 passed in MACP No.92 of 2001 (Smt. Raisa Khatoon & Others vs. Rizwan Ahmed & Ors) in First Appeal From Order No.1076 of 2009, judgment award dated 30.05.2009 passed in MACP No.93 of 2001 (Smt. Munni & Others vs. Rizwan Ahmed & Ors) in First Appeal From Order No.1075 of 2009 and judgment award dated 29.05.2009 passed in MACP No.97 of 2001 (Shahabuddin & Another vs. Rizwan Ahmed & Ors) in First Appeal From Order No.1074 of 2009 are upheld.
Office is directed to remit the lower court record to the Tribunal concerned for further action. The statutory amount of Rs.25,000/- deposited in each appeal shall also be remitted to the Tribunal for payment to the claimants along with the compensation due to him.
Order Date :- 26.7.2021
Subodh/-
