ET Plus Report
Jammu, Mar 16: Justice Mansoor Ahmed Mir of J&K High Court in an appeal filed by New India Insurance Company Ltd against the award passed by MACT Samba to the tune of Rs 16809089 has dismissed the appeal with the cost of Rs 10,000 payable to the claimants.
According to the case on March 30, 2009 a vehicular accident at Vijaypur Chakpura, claimed life of one Venkata Subramanyam Bopana. The accident had allegedly been caused due to rash and negligent driving by one Deepak Kumar, driver of offending
vehicle, TATA Sumo. The legal heirs of deceased which included his wife and minor son, approached the Tribunal seeking compensation from the insurer-appellant for the life of deceased having gone astray due to accident. The respondents claimed compensation to the tune of Rs 2.50 crore along with 12 percent interest per annum, from the appellant and MACT Samba awarded Rs 16809089 on April 26, 2012 which was challenged by the insurance company.
Justice Mir after hearing senior Advocate RK Gupta and Advocate Prem Sadhotra appearing for the appellant and Advocate RK Jain and Advocate Vishal Sharma appearing for the respondents/claimants observed that Court is of the considered view that Tribunal has rightly awarded Rs 16809089 with Rs 2500, . 2000/- and Rs. 5000/- under the head of loss of dependency, loss of estate, funeral expenses and loss of consortium respectively
“The interest component awarded @ 6 percent is reasonable too. The cumulative effect would be that the impugned award is maintained and appeal is dismissed. The
sufferings, pain and agony of the family, consisting of a lady and a minor child, having lost its only earning member can just be imagined,” the court observed.
“Their sufferings have got multiplied by the conduct of appellant/insurer who dragged them unnecessarily and kept them busy in litigation. Therefore, the court deems it proper to impose costs too. Accordingly, the appeal is dismissed with costs of Rs. 10,000 payable to the respondents/claimants,” he ordered. |
