RELIANCE GENERAL INSURANCE CO. LTD. v. SMT. GUDDI AND OTHERS
FAFO/1510/2011 · 2025-05-22
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11264 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11264 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:88215 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 1510 of 2011 Appellant :- Reliance General Insurance Co. Ltd. Respondent :- Smt. Guddi And Others Counsel for Appellant :- Rahul Sahai Counsel for Respondent :- Bibhuti Narayan Singh Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the appellant and learned counsel for the respondents.
2. The present appeal has been filed against the judgement and award dated 31.01.2011 passed by Motor Accident Claims Tribunal, Bulandshahar in MACP No.401 of 2010, whereby the tribunal has awarded a compensation of Rs.10,15,000/- alongwith 7% interest from the date of institution of claim petition for the death of one Surendra Singh in an accident on 08.06.2010 with truck No.HR46B/3064.
3. Challenging the award, learned counsel for the appellant- insurance company has contended that the compensation awarded by the Tribunal is excessive inasmuch as considering the fact that the deceased had passed only 5th standard, the Tribunal has assessed the income of the deceased to be Rs.7000/- per month which is on higher side. It is contended that there was no proof in respect of income of the deceased and thus, the compensation awarded by the Tribunal is excessive. It is contended that the Tribunal has wrongly applied the multiplier.
4. Per contra, learned counsel for the respondents would contend that in the instant case, there was material evidence on record to establish that income of the deceased was Rs.7000/- per month.
5. Be that as it may, in the instant case, the Tribunal after appreciating the testimony of the employer and other documents assessed the income of the deceased to be Rs.7000/- per month, even otherwise the Tribunal has not awarded any amount towards future prospect. In this view of the fact, this Court is not inclined to interfere with the finding of the Tribunal in respect of income of the deceased which is based upon proper appreciation of facts and evidence on record.
6. Since the finding of the Tribunal in respect of income of the deceased is a finding based upon proper appreciation of evidence on record therefore, the contention advanced by
learned counsel for the appellant is not sustainable in law.
7. Thus, for the reasons given above, the appeal lacks merit and is dismissed.
Order Date :- 23.5.2025 SSharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad