Smt. Rajesh Kumari And Others vs Paras Ram Ghai And Others
2023 Latest Caselaw 21242 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:161733
 
Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 703 of 1999
 

 
Appellant :- Smt. Rajesh Kumari And Others
 
Respondent :- Paras Ram Ghai And Others
 
Counsel for Appellant :- Y.S.Bohra
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1. Heard Sri Y.S. Bohra, learned counsel for the appellants and Sri Aditiya Singh Parihar, learned counsel appearing on behalf of Sri Rahul Sahai, learned counsel for the insurance company.

2. The appeal has been filed against the judgment and award dated 07.04.1999 by Motor Accident Claims Tribunal/IIIrd-Additional District Judge, Bulandshahar in M.A.C.P. No. 60 of 1996 awarding compensation of Rs.1,68,200/- with interest at the rate of 12%.

3. By way of this appeal the appellants are the legal heirs of the deceased. The officers of the insurance company are present and they have offered a sum of Rs. 4,79,071/- which would be inclusive of the interest.

4. There is no dispute on other aspects. The judgment impugned has been accepted by the Insurance Company. There is no issue of negligence, hence, the settlement by and between the parties are accepted by this Court.

5. Looking to the facts and circumstances of the case this Court feels that the legal heirs of the deceased would be entitled of the said amount, even on calculation of the amount as pe the judgment of Apex Court in National Insurance Company Limited Vs. Pranay Sethi and others, AIR 2017 (SC) 5157.

6. In that view of the matter, this appeal is partly allowed. The oral figure arrived by and between the parties be deposited by the insurance company within 8 week's from today, failing which interest @ 6% P.A. shall be paid for subsequent period i.e. after two months from the date of award till payment is made. The amount be deposited before the tribunal and the tribunal shall not be kept any amount in fixed deposit as this is appeal of the year 1999.

7. Parties to act as per the above compromise. The judgment and decree passed by the Tribunal shall stand modified to the aforesaid extent.

8. We are thankful to Sri Y.S.Bohra, learned counsel for the appellants, the officers of the Insurance Company and Sri Aditiya Singh Parihar, learned counsel who has conciliated in this matter for Sri Rahul Sahai, learned counsel for the insurance company.

Order Date :- 8.8.2023

PS