Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 1276 of 2007 Appellant :- Oriental Insurance Co. Ltd. Respondent :- Ram Singh & Others Counsel for Appellant :- Amaresh Sinha Counsel for Respondent :- Avinash Hajela,Dharmendra Dhar Dubey,M.C.Yadav
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri Amaresh Sinha, learned counsel for the appellant and Sri Dharmendra Dhar Dubey, learned counsel for the respondent.
2. This appeal at the behest of the Oriental Insurance Company Limited has been preferred against the judgment and award dated 24.1.2007 passed by Motor Accident Claims Tribunal/Special Judge SC and ST Act, Allahabad (hereinafter referred to as 'Tribunal') awarding a sum of Rs.2,70,000/- with interest at the rate of 6% for the death of a minor who was 13 years of age.
3. Sri Amaresh Sinha, learned counsel for the appellant has contended that the award is bad and relied on decision of this Court in Ram Narain and Others Vs. New India Assurance Co. Ltd. and Anr. As against this Sri Dharmendra Dhar Dubey, learned counsel for the respondent-claimant has vehemently submitted that he has covered by the judgment of the Apex Court in Kishan Gopal and another v. Lala and others, 2013 (101) ALR 281 (SC).
4. The judgment of Kisan Gopal (Supra) cannot be made applicable to the facts of this case as in the said case the apex court did not deduct any amount towards personal expenses and had awarded Rs.5,00,000/-. The judgment relied by Sri Amaresh Sinha, learned counsel for the appellant will apply in full force.
5. In view of the above, this appeal is partly allowed. The judgment and decree passed by the Tribunal shall stand modified to the aforesaid extent. The remaining amount of Rs.30,000/- not to be deposited by the Insurance Company. The amount kept in fixed deposit be encashed and paid to the claimants within 6 weeks from today.
Order Date :- 26.2.2018/DKS