Alisher vs Mukhi Devi And 2 Others
2021 Latest Caselaw 3721 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1259 of 2019
 

 
Appellant :- Alisher
 
Respondent :- Mukhi Devi And 2 Others
 
Counsel for Appellant :- Anil Kumar Pandey,Satya Deo Ojha
 
Counsel for Respondent :- Mayank,Sanjay Kumar Dwivedi
 

 
Hon'ble Vivek Agarwal,J.

There is delay of 199 days in filing the appeal, which is condoned for the reasons mentioned in the memo of appeal duly supported with an affidavit.

Office to allot regular number to this appeal.

This appeal has been filed by the registered owner of the offending vehicle being aggrieved of award dated 29.1.2019 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No.1 Mathura in MACP No. 318 of 2017, whereby learned Tribunal has awarded a sum of Rs. 5 lakhs on account of accidental death of Devendra Kumar aged about 12 years in the light of the law laid down by Supreme Court in case of Kishan Gopal & one Ors. Vs. Lala & Ors. 2013 (4) ACCD 2164 (SC) on a singular ground that recently, Hon'ble Supreme Court awarded a sum of Rs. 2,95,000/- in case of Rajendra Singh & Ors. Vs. National Insurance Co. Ltd. & Ors. 2020 (7) SCC 256, wherein Hon'ble Supreme Court has awarded a sum of Rs. 2,95,000/- in case of death of a 9 year old child. However, the fact of the matter is that in this judgment Hon'ble Supreme Court has not considered its earlier judgment in case of Kishan Gopal & one Ors. Vs. Lala & Ors. 2013 (4) ACCD 2164 (SC). It is being a subsequent judgment by Division Bench of Hon'ble the Supreme Court, earlier division Bench judgment will be a binding precedent on this Court. Therefore, there is no substance in the ground to support the appeal.

Accordingly, the appeal fails and is dismissed.

At this stage, Sri Anil Kumar Pandey, counsel for the appellant, submits that by means of pre deposit Rs. 25,000/- was deposited which be remitted to the learned Tribunal for adjustment against amounts to be disbursed to the claimants.

This prayer is allowed.

In view of above terms, appeal is disposed of.

Order Date :- 16.3.2021

CS