Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 207 of 1998 Appellant :- The New India Assurance Co. Respondent :- Smt. Chandra Kanta Devi And Others Counsel for Appellant :- V.M. Sahai,S.K. Srivastava Counsel for Respondent :-
And Case :- FIRST APPEAL FROM ORDER No. - 209 of 1998 Appellant :- The New India Assurance Co. Ltd. Through B.M. Allahabad Respondent :- Sanjay Kumar Rai Counsel for Appellant :- V.M. Sahai,S.K. Srivastava,Smt.Archana Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned counsel for the appellant and perused the judgment and order impugned.
Both these appeals, at the behest of the New India Assurance Co. Ltd., challenges the judgment and award dated 15.1.1998 passed by Motor Accident Claims Tribunal/District Judge, Mirzapur (hereinafter referred to as 'Tribunal') in Claim Petition No. 24 of 1994 and 25 of 1994 awarding compensation of Rs.4,54,000/- and Rs.5,11,000 respectively with interest at the rate of 12% in both the claim petitions.
It is submitted that insurer of the motorcycle No. UTE 9099 was a necessary party. However, while going through the record, it is clear that no negligence on the part of the motorcyclist was ever ascribed by the Tribunal, hence, whether he was made party or not is redundant.
The finding of the Tribunal has been assailed on the ground that blurred copy of cover note was filed by respondent No.1, it was proved beyond doubt as truck was not insured with the Insurance Company and no rebuttal evidence was ever led by the Insurance Company to prove that the said cover note was fake. The cover note which was produced at least showed the basic details and the Tribunal has held against the Insurance Company on this count.
As far as income is concerned, the deceased Ashok Kumar Rai in F.A.F.O. No. 209 of 1998 was a police inspector. The compensation granted cannot be said to be exorbitant rather the Tribunal has not considered the future loss of income of the deceased for the untimely death of the Police Inspector.
As far as F.A.F.O. No. 207 of 1998 is concerned, the deceased was the Head Constable.
Hence, both these appeals are dismissed. Interim relief shall stand vacated forthwith in both the matters.
This Court is thankful to Smt. Archana Singh and Sri A.K. Shukla for getting these very old matters disposed of.
Order Date :- 21.8.2019 DKS