Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 1723 of 2020 Appellant :- United India Insurance Company Limited Respondent :- Nootan @ Nootan Som And 6 Others Counsel for Appellant :- Nagendra Kumar Srivastava
Hon'ble Vivek Agarwal,J.
1. Heard Sri Nagendra Kumar Srivastava, learned counsel for the appellant-Insurance Company.
2. This appeal has been filed by the Insurance Company being aggrieved of award dated 23.10.2020 passed by learned Additional District Judge/Motor Accident Claims Tribunal, Court No.1, Saharanpur in M.A.C.P. No.191 of 2017 awarding a sum of Rs.28,72,500/-(twenty eight lakhs seventy two thousand and five hundred) in favour of the claimants.
3. Learned counsel for the appellant submits that impugned award is being assailed on two grounds namely, there was an element of contributory negligence, inasmuch as, as per 'Naksha Nazri' (spot map), 59-Ga, it is shown that deceased who was driving a scooty had tried to overtake the truck from right hand side when Schooty was dashed by the truck from behind and had dashed with the footpath.
4. Another ground which has been raised to assail the award is quantum of income computed by the learned Claims Tribunal. Learned counsel submits that profession of the deceased has not been shown and merely on the basis of Income Tax Returns, computation has been made which is arbitrary and illegal.
5. As far as first ground is concerned, learned Tribunal has dealt with it in detail and on internal page-8 of the award, it has recorded a finding that 'Naksha Nazri' has not been proved by the Insurance Company. This aspect is not disputed by the learned counsel for the appellant.
6. Similarly, as far as income is concerned on internal page-11 of the award, learned Tribunal has dealt with the Income Tax Returns filed by the deceased for the year 2014-15 and 2015-16 and on the basis of such Income Tax Returns, average income has been computed, which cannot be faulted with, especially when the returns are for the assessment year much prior to the date of accident i.e. 19.09.2017.
7. In view of the aforesaid factual backdrop, no error apparent or any illegallity infirmity can be pointed out to the impugned award which is strictly in accordance with the legal provisions and the law on the subject. Therefore, the appeal fails and is dismissed.
8. At this stage, learned counsel for the appellant submits that pre-deposit of Rs.25,000/-(twenty five thousand) made with the High Court Registry be directed to be transferred to the Motor Accident Claims Tribunal to be adjusted against the compensation to be deposited by the Insurance Company.
9. This prayer is granted.
10. Registry is directed to do the needful within 15 days from the date of communication of the order.
Order Date :- 6.1.2021 Ashutosh