Court No. - 34
Case :- FIRST APPEAL FROM ORDER No. - 900 of 2018 Appellant :- United India Insurance Com. Ltd. Through Divisional Manager Respondent :- Smt. Santlesh And 7 Others Counsel for Appellant :- Pankaj Rai
Hon'ble Sudhir Agarwal,J. Hon'ble Shashi Kant,J.
1. Heard learned counsel for appellant and perused the record.
2. This appeal, in our view, is wholly misconceived, ill-advised and ought not to have been filed by Insurance Company, which is supposed to function with more human considerations and social welfare.
3. The award in question dated 24.11.2017 passed by Sri Laxmi Kant Shukla, Additional District Judge, Court No. 7, Meeurt/Motor Accident Claims Tribunal, has allowed compensation on account of death of Sri Pawan, husband of respondent no. 1 and father of respondents no. 2 to 6, who, while going on a motorcycle, met an accident on 01.02.2015 with a Car bearing registration No. UK 07-AX-9990, which was being driven negligently and rashly by driver, who hit motorcycle causing death of Pawan.
4. Only ground argued before this Court is that first information report was lodged belatedly but when questioned learned counsel for appellant could not dispute that claimants in this case are either lady or minor children (at the time of death) of deceased and secondly mere fact that first information report was lodged belatedly would make no difference when accident was admitted by owner of vehicle and no otherwise evidence was adduced by Insurance Company. It is also not the case that there was any collusion between owner of vehicle and claimants. In fact learned counsel for appellant, when questioned, could not show any law that lodging of first information report is mandatory.
5. No other point has been argued. Quantum of compensation is admittedly justified.
6. Appeal lacks merit. Dismissed accordingly at the stage of hearing under Order 41 Rule 11 C.P.C.
Order Date :- 23.2.2018 AK