M/S. Oriental Insurance Co. Ltd v. Smt. Jamamulnishan and Another

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 1065 of 1997 Appellant :- M/S. Oriental Insurance Co. Ltd. Respondent :- Smt. Jamamulnishan And Another Counsel for Appellant :- Sushil Kumar Mehrotra Counsel for Respondent :- Santosh Kumar Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the appellant and lerned counsel for the respondents.

¶2The present appeal has been filed by the appellant against the award dated 05.08.1997 passed by Motor Accident Claims Tribunal/VIth Additional District Judge, Kanpur Dehat in M.A.C.P. No.170 of 1994.

¶3Challenging the award, learned counsel for the appellant has contended that the compensation awarded by the Tribunal is excessive. It is contended that the Tribunal has erred in law in not deducting any amount towards personal expenses of the deceased in computing the compensation. It is further submitted that the award of interest @ 12 per annum by the Tribunal is on higher side.

¶4Per contra, learned counsel for the respondents would contend that the compensation awarded by the Tribunal is just and proper and does not call for any interference by this Court.

¶5Be that as it may, though the learned counsel for the appellant Insurance Company may be right in his submission that the Tribunal should have deducted 1/2 towards personal expenses of the deceased since the deceased was a bachelor, but in the instant case, the Tribunal has not awarded any amount towards future prospect. This Court is under obligation to award just and fair compensation. Since, the Tribunal has not awarded any amount towards future prospect, therefore,this Court is not inclined to interfere with the award on the issue of quantification.

¶6So far as the award in respect to interest is concerned, this Court is of the view that at the relevant time 12% interest was prevalent, and therefore, the submission of learned counsel for the appellant in respect to interest is also not sustainable.

¶7Thus, for the reasons given above, the appeal lacks merit and is accordingly dismissed with no order as to costs. Order Date :- 18.10.2023 NS High Court of Judicature at Allahabad