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National Insurance Co. Ltd. vs Seeta Devi And Ors.

High Court Of Judicature at Allahabad|12 March, 2004

JUDGMENT / ORDER

JUDGMENT S.P. Srivastava, J.
1. Heard the learned Counsel for the insurer-appellant.
2. The insurer-appellant has filed the present appeal feeling aggrieved by the b award of the Motor Accident Claims Tribunal determining an amount of Rs. 1,77,000 (Rs. one lac seventy Seven thousand only) as compensation payable to the dependents of the deceased victim Amar Bahadur Patel, who had met his untimely death in an accident involving the offending motor vehicle (Mini Bus) bearing registration No. UP 70G 9159.
3. The deceased had left behind besides himself his widow, his mother, two daughters and two sons as dependents. The daughters were aged about 11 years and 9 years, and the sons were aged about 7 years and 5 years. The age of the deceased was only 30 years at the time of his death.
4. The learned Counsel for the insurer-appellant has stated that the appellant is not challenging the quantum of compensation determined by the Tribunal. The only grievance urged and pressed by the insurer-appellant is in regard to the driving of the offending motor vehicle in an unauthorized manner without having a valid driving licence for the same.
5. So far as the aforesaid aspect is concerned the Tribunal vide the impugned order has returned finding, after considering the materials on the record, against the e appellant holding that the offending motor vehicle was being driven by a person, who had a valid licence for the same, which was effective for the period from 15.1.1995 to 14.1.1998. The accident had taken place on 29.10.1995.
6. We have carefully perused the evidence and the materials on record. The learned Counsel for the appellant has not been able to demonstrate that the findings f returned on the aforesaid questions by the Tribunal against the insurer appellant can be taken to be suffering from any such legal infirmity, which may require an interference therein. The aforesaid findings are amply supported by the evidence.
7. Taking into consideration the totality of the facts and circumstances as brought on record, no justifiable grounds has been made out for any interefence by this Court in the impugned award.
8. The appeal is totally devoid of merits, which deserves to be and is hereby dismissed in limine.
9. As prayed for, the amount of Rs. 25,000 deposited in this Court by the insurer-appellant under Section 173 of the Motor Vehicles Act be remitted to the h Motor Accident Claims Tribunal concerned within one month from the date an application is filed by the appellant for the purpose so that it may be disbursed to the claimants.
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Title

National Insurance Co. Ltd. vs Seeta Devi And Ors.

Court

High Court Of Judicature at Allahabad

JudgmentDate
12 March, 2004
Judges
  • S Srivastava
  • K Ojha