Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 465 of 1993 Appellant :- O.I.C.
Respondent :- Dr. Indraneel Mitra Counsel for Appellant :- Aijaz Ahmad Khan Counsel for Respondent :- Neeraj Kumar connected with Case :- FIRST APPEAL FROM ORDER No. - 466 of 1993 Appellant :- Oriental Insurance Company Respondent :- Dr Indraneel Mitra And Ors Counsel for Appellant :- S.K.Srivastava
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Aijaz Ahmad Khan, learned counsel for appellant, Sri Neeraj Kumar, learned counsel appearing for the claimant and perused the record. None for the owner Both these appeal preferred by the the Insurance Company, namely, Oriental Insurance Company has felt aggrieved by the judgment and award dated 13.01.1993 passed by Motor Accident Claims Tribunal/ IIIrd Additional District Judge, Ghaziabad (hereinafter referred to as 'Tribunal') in M.A.C.T. No. 386 of 1990.
The issue of contributory negligence has been taken, as the vehicle was driven by opponent No.1.
However, submission that the claim petition No. 385 of 1990 was not maintainable as they had filed claim petition No. 86 of 1990 in the same Court with respect to same accident. However, while going through the record, it is clear that one was for injury sustained and the other was for death of wife of the doctor.
As far as the issue of contributory negligence is concerned, nothing has been proved to show that both the drivers had contributed the accident having taken place. The compensation awarded cannot be said to be exorbitant or which may call for interference by this Court. The award of Rs.1,00,000/- cannot be said to be so exorbitant for a mother of three children who had lost her children and the husband who has lost there mother and wife.
In that view of the matter, the appeal sans merit and is dismissed. The amount of Rs.15,000 cannot be said to be excessive.
Interim order, if any, stands vacated.
This Court is thankful to both the counsels for getting very old matter disposed of.
Order Date :- 25.7.2019 Shubhankar