AO/333/2023
2023 Latest Caselaw 3362 UK

              Office Notes, reports,
              orders or proceedings
1SL.
       Date     or directions and                    COURT'S OR JUDGES'S ORDERS
 No
              Registrar's order with
                    Signatures
                                       AO No.333 of 2023
                                       Hon'ble Pankaj Purohit, J.

1. Mr. Prabhat Pande, learned counsel for the appellant/Insurance Company.

2. Heard learned counsel for the appellant.

3. This is an appeal against the judgment and award dated 08.06.2023 passed by the Motor Accident Claim Tribunal/IVth Additional District Judge, Haridwar in Motor Accident Claim Petition No.34 of 2021, Amit Dhiman and Another vs. Nitin Kumar and others whereby the claim petition of the respondents/claimants was partly allowed and a sum of Rs.13,24,960/- was awarded as compensation against the appellant/Insurance Company alongwith interest @ 7% per annum from the date of presentation of the claim petition till the actual payment is made.

4. Learned counsel for the appellant submits that deceased was 13 years of age at the time of accident but having shown him as a workman his monthly income was assessed Rs.8,300/- and on that basis huge amount of compensation has been awarded and a wrong multiplier has also applied in order to pay compensation.

5. Admit the appeal.

6. Issue notice to the respondents returnable within six weeks.

7. Steps to be taken within one week.

8. Let the lower court record be summoned.

9. Having heard learned counsel for the parties, it is directed that till the next date of listing, impugned judgment and award dated 08.06.2023 passed by the Motor Accident Claim Tribunal/IVth Additional District Judge, Haridwar shall remain stayed provided the appellant deposits Rs.8,00,000/- excluding the statutory amount.

10. List this appeal on 06.01.2024.

(Pankaj Purohit, J.) 06.11.2023 Arti