Chamal Lal Jain And Another vs National Insurance Co. Ltd. And ...
2023 Latest Caselaw 16997 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 786 of 2004
 

 
Appellant :- Chamal Lal Jain And Another
 
Respondent :- National Insurance Co. Ltd. And Others
 
Counsel for Appellant :- Rajul Bhargava
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1. Heard Sri Rajul Bhargava, learned counsel for the appellant-claimants who are the parents of the minor child who succumb to death at the age of 15 of years. Learned counsel for respondent no. 2 is present.

2. This appeal, at the behest of the claimants, challenges the judgment and order dated 29.01.1996 passed by M.A.C.T/VIth-Additional District Judge, Mathura (hereinafter referred to as "Tribunal") in M.A.C.P. No. 223 of 1994 awarding a sum of Rs. 50,000/- as compensation with interest at the rate of 12%.

3. Brief facts as culled out from the record are that on 10.01.1994, deceased Anu Jain was returning from Mahavirji to her home in Delhi in a Maruti Car with other persons bearing registration no. H.R.U-3521, at about 5:50 a truck coming from Delhi side driven by its driver rashly and negligently dashed with the maruti car which due to rash and negligent driving met with an accident as a result of which Anu Jain died on the spot with other persons.`

4. The deceased Anu Jain died in the year 1994 at the young age of 15 years. She left behind her, her parents. The tribunal unfortunately lost sight of all judgments prevailing in those days and granted meager amount of Rs. 50,000/- with 12% rate of interest. The amount is enhanced to Rs. 2,25,000/- with 9% interest and 6% from the date of filing of the appeal.

5. In view of the above, the appeal is partly allowed. Award and decree passed by the Tribunal shall stand modified to the aforesaid extent. The amount be deposited by the respondent-Insurance Company within a period of 12 weeks from today with interest as directed above by the concerned of the difference in amount. The amount already deposited be deducted from the amount to be deposited.

6. The judgement of the tribunal as far as liability is concerned is not disturbed, the liability shall be as per the decisions of the tribunal in the impugned judgement.

7. Record be sent back to tribunal forthwith.

8. This Court is thankful to both the learned Advocates for ably assisting this Court.

Order Date :- 10.7.2023

PS