Court No. - 2
Case :- FIRST APPEAL FROM ORDER No. - 588 of 2008 Appellant :- National Insurance Co. Ltd. Respondent :- Ram Jeet Singh Kushwaha & Others Counsel for Appellant :- Vinay Khare Counsel for Respondent :- A.K. Ojha
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned counsel for the appellant and Sri A.K. Ojha, learned counsel for the respondent. The insurance company has felt aggrieved by the judgement and decree passed by the tribunal at Jhansi in MACP No.357 of 2003.
The matter was filed under 163(A) but the tribunal considered the matter for negligence under 166 of the Motor Vehicles Act, 1988 and for quantum under 163(A) by reducing the yearly income of the claimant though yet claimed that he earned more than Rs. 40,000/- per annum which was the statutory limit of income permissible under Section 163(A).
It is submitted at the bar by Sri A.K. Ojha, learned counsel for the respondent that on the basis of instruction of his client that as the matter was not known whether it was filed under Section 163(A) or under Section 166 and the contention is under the 163(A) no petition would lie if the income is above Rs. 40,000/- per year. On instructions he states that his client is ready and willing to accept two lacks as full and final settlement for the injuries which he has suffered. The amount shall carry 9 % interest.
If the amount has not been deposited it shall be deposited within 12 weeks from today alongwith interest worked out till date. If the total amount of Rs. 2,00,000/- the deficit will be deposited forthwith. Thereafter the amount be disbursed to the claimant and it shall be adjusted against the amount which he has been granted to withdraw earlier.
This appeal is partly allowed.
The interim relief shall stand vacated.
Order Date :- 30.5.2018 Neeraj