Reserved on 29.4.2019 Delivered on 31.5.2019
Court No. - 3
Case :- FIRST APPEAL FROM ORDER No. - 347 of 2000 Appellant :- Lalla Singh And Others Respondent :- National Insurance Co.Ltd.And Another Counsel for Appellant :- R.K.Porwal Counsel for Respondent :- Rajeev Ojha
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri R.K. Porwal, learned counsel for the appellant and Sri Rajeev Ojha, learned counsel for the respondent.
2. This appeal has been preferred against the judgment and award dated 30.10.1999 passed by IIIrd Additional District Judge/Motor Accident Claims Tribunal, Etawah in Motor Accident Claim Petition No.107 of 1998 awarding a sum of Rs.96,000/- with interest at the rate of 12% for the death of 15 year old child.
3. The accident is not in dispute. The issue of negligence was decided in favour of the appellant herein. The Insurance Company has not challenged the liability imposed on them by the Tribunal. The only issue to be decided is the quantum.
4. Sri R.K. Porwal has heavily relied on the decision in Md. Naeem and another Vs. Tarachand and others, 2018 (2) T.A.C. 23 (All.) and in F.A.F.O. No. 438 of 1997 (Jitendra Kumar Jain & another Vs. Ashok Kumar Jain and another passed by the Division Bench of this Court on 19.2.2018.
5. As against this, Sri Rajeev Ojha, learned counsel for the respondent has relied on the decision passed by the undersigned in F.A.F.O. No. 1188 of 2007 (Chunni Lal and another Vs.
2 Rajesh Singh and another) decided on 10.1.2018.
6. The incident in the instant case occurred in the year 1998. The petition was under Section 163A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'Act, 1988') and, therefore, there can be no addition of any amount as per the judgment cited by Sri Porwal. However, considering the judgments rendered by this Court and the fact that the deceased was below 18 years, Rs.2,25,000/- as per the judgment in Chunni Lal (Supra). The judgemnt in Md. Naeem and another (Supra) will not apply to the facts of this case as it was under Section 166 of the Act, 1988.
7. In view of the above, the appeal is partly allowed. Judgment and decree passed by the Tribunal shall stand modified to the aforesaid extent. The amount be deposited within a period of 12 weeks from today with interest at the rate of 9% from the date of filing of the claim petition till award and 6% thereafter till the amount is deposited. The amount already deposited be deducted from the amount to be deposited.
Order Date :- 31.5.2019 DKS