Oriental Insurance Company Ltd. Vs Subhash Chandra Verma and Others

Allahabad High Court 5 Dec 2001 (2002) 3 ACC 598
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Hon'ble Bench

V.M. Sahai, J; Sudhir Narain, J

Final Decision

Dismissed

Acts Referred

Motor Vehicles Act, 1988 — Section 170

Judgement Text

Translate:

Sudhir Narain, J.@mdashThe appellant has filed this appeal against the award of the Motor Accident Claims Tribunal dated 21.9.2001 awarding a

sum of Rs. 1,50,000/- as compensation to the claimant-respondents on the death of their daughter. ''

2. The claim petition was filed by the claimant-respondents with the allegations that due to rash and negligent driving of the bus by the driver, the

daughter of the deceased aged about 8 years was crushed by Bus No. UP 62 D-6881 and died on the spot. The Tribunal has recorded a finding

that the accident was caused due to rash and negligent driving of the bus driver and awarded a sum of Rs. 1,50,000/- as compensation.

3. Learned Counsel for the appellant contended that the amount awarded is excessive. Firstly the appellant did not obtain permission of the

Tribunal u/s 170 of the Motor Vehicles Act and it is now not open to it to urge this point. Secondly, on facts we are satisfied that the amount

awarded is not excessive.

4. The appeal is, accordingly, dismissed.

5. The amount of Rs. 25,000/- deposited in this Court by the appellant shall be remitted to the Tribunal within one month from today by the

Registry and shall be adjusted in the deposits to be made by the appellant.

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