Smt. Tirtha And Another vs National Insurance Co. Ltd. And ...
2022 Latest Caselaw 15937 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- FIRST APPEAL FROM ORDER No. - 248 of 2000
 

 
Appellant :- Smt. Tirtha And Another
 
Respondent :- National Insurance Co. Ltd. And Others
 
Counsel for Appellant :- V.K. Dixit
 

 
Hon'ble J.J. Munir,J.

This appeal is disposed of on a short legal question. Summoning of records is dispensed with.

The present appeal relates to the same accident, which is the subject matter of First Appeal From Order No.243 of 2000, and First Appeal From Order No.246 of 2000, both decided on 21.12.2018. First Appeal From Order No.245 of 2000 is decided on 05.01.2022.

Heard Mr. V.K. Dixit, learned Counsel for the appellants-claimant and Mr. Arun Prakash Advocate, for respondent No.1 and Mr. Azaj Ahmad, learned Counsel appearing for respondent No.3.

A common question of law arising on the same facts involved in all the appeals and that is that the Tribunal has awarded a lump-sum compensation of Rs.80,000/- without adopting the multiplier method and without determining the multiplicand. In the connected appeals, this Court has taken the view that the Tribunal has gone wrong in determining the compensation on lump-sum basis without determining the multiplicand and adopting a suitable multiplier. It is on that reasoning and after referring to authority on the point, the Tribunal's judgment impugned in the said appeals, identical to the present one, has been set aside with a remand to determine the compensation afresh, in accordance with law.

A perusal of the impugned judgment also shows that the Tribunal has not adopted the multiplier method or determined the multiplicand. On an overall view and an omnibus basis a lump-sum compensation of Rs.80,000/- has been awarded. As such, for what is said here and the reasons given in First Appeal From Order Nos. 243 of 2000 and 246 of 2000, decided on 21.12.2018 and First Appeal From Order No.245 of 2000, decided on 05.01.2022, this appeal also deserves to succeed in part with a remand to the Tribunal to redetermine the compensation payable, in accordance with the directions carried in the judgment rendered in the three appeals, above referred, within a period of six months, from the date of production of a certified copy of this order.

The appeal is partly allowed in terms of the above judgment.

No costs.

Order Date :- 3.11.2022

NSC