M/S Royal Sundaram G.I.C. Ltd. vs Smt. Gulshana And 2 Others
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Allahabad High Court

M/S Royal Sundaram G.I.C. Ltd. vs Smt. Gulshana And 2 Others on 31 May, 2024

Author: Vipin Chandra Dixit

Bench: Vipin Chandra Dixit

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:100064
 
Court No. - 9
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1032 of 2024
 

 
Appellant :- M/S Royal Sundaram G.I.C. Ltd.
 
Respondent :- Smt. Gulshana And 2 Others
 
Counsel for Appellant :- Sushil Kumar Mehrotra
 

 
Hon'ble Vipin Chandra Dixit,J.
 

Heard Sri Archit Mehrotra, Advocate holding brief of Sri S.K. Mehrotra, learned counsel for the appellant and perused the record.

This first appeal from order has been filed by the appellant Insurance Company against the judgment and award dated 12.03.2024 passed by Presiding Officer, Motor Accident Claims Tribunal, Baghpat in M.A.C.P. No.37 of 2021 (Smt. Gulshanha and another Vs. Kuldeep and another), by which compensation of Rs.6,00,000/- along with 7% interest has been awarded in favour of claimants-respondents.

It is submitted by learned counsel for the appellant that the involvement of insured car in the accident is seriously doubtful. It is further submitted that the compensation awarded by the Claims Tribunal is also on higher side.

Record shows that an F.I.R. has been lodged by uncle of the deceased on 3.4.2021 whereas the accident was occurred on 1.4.2021 against the driver of insured car. The Investigating Officer after due investigation has submitted charge-sheet against the driver of offending car. The claimants had produced one Iliyas as P.W.-2 who was an eye witness of the accident and he also proved the involvement as well as rash and negligent driving of insured car. Driver of insured car was not produced in evidence, who was best witness. So far as the compensation is concerned, the age of the deceased was 16 years and the compensation awarded by the Claims Tribunal is in accordance with notification dated 22.5.2018 issued by the Central Government. The compensation of Rs.6,00,000/- awarded by the Claims Tribunal for the death of minor boy aged about 16 years cannot said to be excessive in any manner. No ground for interference is made out. The appeal is devoid of merits and is liable to be dismissed.

The first appeal from order is dismissed, accordingly.

The statutory amount of Rs.25,000/- deposited by the appellant shall be remitted back to the concerned Claims Tribunal for adjustment to the amount deposited by the appellant.

Order Date :- 31.5.2024

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