Allahabad High Court
The New India Assurance Company Ltd., ... vs Laxmi And Others on 21 February, 2025
Author: Rajnish Kumar
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:11222
Court No. - 4
Case :- FIRST APPEAL FROM ORDER No. - 9 of 2025
Appellant :- The New India Assurance Company Ltd., Lucknow Thru. Manager
Respondent :- Laxmi And Others
Counsel for Appellant :- Asit Srivastava
Counsel for Respondent :- Ram Janak Yadav,Maya Ram Yadav
Hon'ble Rajnish Kumar,J.
1. Heard, Shri Asit Srivastava, learned counsel for the appellant and Shri Ram Janak Yadav, learned counsel for the respondent no.1.
2. Learned counsel for the appellant submits that there was contributory negligence of the deceased, who was driving the motor cycle because the angle of the truck near petrol tank was also damaged while the truck was coming out from the petrol pump and turning towards its left side but the learned tribunal failed to consider it. He further submits that the interest has been awarded on the future prospects also, which could not have been awarded.
3. Per contra, learned counsel for the respondent submits that the motor cycle of the deceased was dashed by the truck from the back side and thereafter it dashed into the divider and in such case the angle may have damaged, therefore, the question of any contributory negligence of the motor cycle driver does not arise. He further submits that amount of future prospects accrues on the date of accident, therefore, the interest can not be denied on the same. He relies on a judgment and order passed by this Court in the case of Uttar Pradesh State Road Tranport Corporation, Lucknow through R.M. Vs. Bhawani Prasad Manjhi; First Appeal From Order No.42 of 2016.
4. Having considered the submissions of learned counsel for the parties, I have perused the document placed on records of this appeal alongwith supplementary affidavit.
5. As per the findings recorded by the tribunal in regard to the plea of contributory negligence of the appellant insurance company on the basis of site plan prepared during investigation, the tribunal has recorded that the motor cycle of the driver was going from Lucknow towards Kanpur while the offending truck came out from the petrol pump on the main road, therefore, it was his duty to first see the vehicles coming on the road. The motor cycle has been shown to have been going straight, therefore, the rashness and negligence of the driver of Eicher Truck No.U.P.-32 FN-9272 is visible. So far as the submission of learned counsel for the appellant is that since the angle near the petrol tank was damaged in the accident, therefore, there was contributory negligence of deceased, this Court is of the view that it may also be possible only when the motor cycle must have been hit from the back side from the side of angle, if it has been damaged in the said accident, whereas there is no such evidence and thereafter the truck dashed into the divider. Thus, the contention of the learned counsel for the appellant in regard to the contributory negligence of the deceased is misconceived and not tenable.
6. So far as the plea in regard to interest on future prospects is concerned, this Court has already decided the issue in the case of Uttar Pradesh State Road Tranport Corporation, Lucknow through R.M. Vs. Bhawani Prasad Manjhi (Supra) that since the future prospects is also a component of the compensation, which accrues on the date of accident and the interest is awarded from the date of filing of the claim petition up to the date of payment there is no error or illegality it it. The relevant paragraphs 36 and 37 are reproduced as under:-
"36. The Hon'ble Supreme Court, in the case Union of India Vs. Rina Devi; (2019) 3 SCC 572, considered the issue of interest on the compensation in case of untowered incident under the Railways Act. However, held that legal position in this regard is at par with the cases of accident claims under the Motor Vehicles Act, 1988 and conflicting views stand resolved in this manner. It has been held in this case that the law law in the present context should be taken to be that the liability will accrue on the date of the accident and the amount applicable as on that date will be the amount recoverable but the claimant will get interest from the date of accident till the payment at such rate as may be considered just and fair from time to time. In this context, rate of interest applicable in motor accident claim cases can be held to be reasonable and fair. Thus, the Hon'ble Supreme Court concluded that compensation will be payable as applicable on the date of the accident with interest as may be considered reasonable from time to time on the same pattern as in accident claim cases.
37. In view of above and considering the over all facts and circumstances of the case, this Court is of the view that the contention of the learned counsel for the appellant is misconceived and not tenable and this Court is of the view that the claimant-respondent is entitled for the future prospects and interest thereon also."
7. In view of above, the appeal is misconceived and lacks merit. It is, accordingly, dismissed.
8. The statutory deposit made before this Court shall be remitted to the concerned tribunal for adjustment towards the payments to be made to the claimant-respondents under the impugned judgment and award dated 19.09.2024 passed in Motor Accident Claim Petition No.899 of 2017 by Motor Accident Claims Tribunal (South) Lucknow.
...................................................................(Rajnish Kumar, J.)
Order Date :- 21.2.2025
Haseen U.
