Citation : 2023 Latest Caselaw 20285 ALL
Judgement Date : 2 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:154851 Court No. - 44 Case :- FIRST APPEAL FROM ORDER No. - 789 of 1999 Appellant :- Ram Saran And Another Respondent :- Mohit Mehrotra And Another Counsel for Appellant :- S.K. Anwar Hon'ble Dr. Kaushal Jayendra Thaker,J.
By way of this appeal, the appellants have challenged the judgment dated 26.4.1999 and award dated 28.4.1999 passed by Motor Accident Claims Tribunal / IX Additional District Judge, Etawah (hereinafter referred to as 'Tribunal') in M.A.C.P. No.122 of 1998 (Ram Saran and another vs. Mohit Mehrotra and another) awarding sum of Rs.1,17,000/- as compensation to the claimant/appellants with interest at the rate of 10% per annum from the date of filing the claim petition.
The officers of the New India Assurance Company are present and the parties have settled the dispute.
This Court had suggested that an additional amount of Rs.1,50,000/- would be just and proper, which according to the counsel for the appellants is also just compensation. Hence, the award is modified. A further sum of Rs.1,50,000/- inclusive of interest would be deposited within 8 weeks from today.
The award shall stand modified to the said effect and additional sum of Rs.1,50,000/- be deposited with the Tribunal. The Tribunal disbursed the amount forthwith after the claimants identified themselves.
No amount shall be kept in fixed deposit as more than 20 years have elapsed from the filing of the appeal.
With the aforesaid observations, this appeal is partly allowed.
This Court is thankful to the officers of the Company for amicably settling the dispute.
Order Date :- 2.8.2023
LN Tripathi
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