Insurance Co. Ltd vs 8.2012
2022 Latest Caselaw 3591 UK

                   Office Notes,
                reports, orders or
                 proceedings or
Sl. No   Date                                  COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
                                     AO No.240 of 2013
                                     With
                                     AO No.241 of 2013
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. M.K. Goyal, Advocate, for the appellant.

Mr. Niranjan Bhatt, Advocate, for the respondent.

This matter is taken up before the National Lok Adalat, held on 12th November, 2022.

These are the two Appeal from Orders being AO No.240 of 2013, "The Oriental Insurance Co. Ltd. Vs. Smt. Rampyaari and others" and AO No.241 of 2013, "The Oriental Insurance Co. Ltd. vs. Smt. Phool Mala and others".

In the accident, which has chanced, on 01.08.2012, there were number of casualties caused due to the bus bearing Registration No.UK07-PA-1307, having met with the accident resulting into the death of about 27 passengers.

Out of the aforesaid accident, these are the only two Appeal from Orders, which have been preferred by the Insurance Company against the award dated 06.03.2013, which is subject matter of the AO No.241 of 2013, and as against the award dated 06.03.2013, as rendered in MACP No.43 of 2012, which is the subject matter of AO No.240 of 2013.

The matter is being heard in the presence of the officials representing the Insurance Company as well as, its counsel Mr. M.K. Goyal, as well as the learned counsel for the respondent/claimant.

After having heard the learned counsels for the parties, and considering the issue that the financial liability, as fastened upon the appellant in the case of death being too meagre, owing to the determination made on the basis of the principles in "Sarla Verma and others Vs. Delhi Transport Corporation" Judgment rendered by the Hon'ble Apex Court, and the multiplier applied, therein, they are in consonance to the settled principles of the Hon'ble Apex Court.

In that eventuality, this Court is of the view that the multiplier as fixed on the basis of the established income accruing to the deceased, and the amount of compensation determined since being was well within the covenants of the parameters of the Sarla Verma Judgment (Supra), this Court feels that the issue, since stands settled based on the Hon'ble Apex Court judgment, is not required to be ventured on merits of the matter.

Hence, the Appeal from Orders lacks merit, and the same are dismissed.

The dismissal of the Appeal from Orders, would be with the condition that the amount of the statutory deposit made by the appellant, would be refunded back to the Motor Accident Claims Tribunal concerned, which in lieu would be paid to the claimants.

(Sharad Kumar Sharma, J.) 12.11.2022

NR/