Court No. - 6
Case :- FIRST APPEAL FROM ORDER No. - 3455 of 2018 Appellant :- The Oriental Insurance Co. Ltd.
Respondent :- Israr And 5 Others Counsel for Appellant :- Navaneet Chandra Tripathi
Hon'ble Ashok Kumar,J.
This appeal is filed under Section 173 of the Motor Vehicle Act, 1988 against the judgment and decree dated 14.5.2018 passed by Motor Accident Claims Tribunal/ Additional District Judge, Moradabad in M.A.C.P. No. 627 of 2016 (Israr and another vs. Shiva and others) by which the Tribunal has awarded a sum of Rs.1,42,500/- towards the compensation to the claimants against the claim of Rs.50,00,000/-.
Heard learned counsel for the appellant and perused the order impugned passed by the Tribunal .
Before the Tribunal there were four issues which the Tribunal has dealt with. While dealing all the issues the Tribunal arrived at the conclusion that the accident took place on 9.12.2014 in which the victim-deceased Arshad has sustained serious injuries and died on the spot. The deceased was the driver of the Maruti Car bearing registration No.UA 08B-3054. While the deceased was driving the said vehicle from Haridwar and on way to Moradabad at about 9 p.m. a truck bearing registration no. UK 08CA-4873 dashed the Omni Maruti Car, while the driver of the truck was driving the vehicle in high speed negligently and rashly. On account of the injuries the deceased-victim died on the spot and the parents of the deceased filed the claim petition in which they claimed that at the time of death of the deceased-victim was earning a sum of Rs.10000/- per month and that there is no negligence on the part of the victim-deceased as such on account of rash and negligent driving by the driver of the truck which was admittedly insured with the appellant insurance company, the deceased sustained injuries and died.
Learned counsel for the appellant has pointed out that both the vehicles in question were not having valid permit to ply their vehicles outside the territory of Utterakhand. From the perusal of the records and in my opinion, this fact was not involved before the Tribunal nor is at all related with the issue involved in the present case and once the appellant insurance company admits that the vehicle in question was insured by the appellant company, it is only the appellant company who is liable to pay the compensation.
Having heard learned counsel for the appellant and after perusal of the order passed by the Tribunal, I find no error in the order passed by the Tribunal. In my opinion, the amount of compensation is not excess, as such appears to be reasonable.
The appeal is dismissed at the admission stage.
Any amount deposited in this Court shall be remitted to the concerned Tribunal within two weeks and the same shall be duly accounted for/adjusted while making the payment.
Order Date :- 24.8.2018 S.S.