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2025 DAILYLAW 13237 (ALL)

UNITED INDIA INSURANCE CO. LTD. v. SMT. MINA THAPA AND OTHERS

FAFO/759/2012 · 2025-05-26

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90438 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 759 of 2012 Appellant :- United India Insurance Co. Ltd. Respondent :- Smt. Mina Thapa And Others Counsel for Appellant :- Amaresh Sinha Counsel for Respondent :- Rakesh Kumar Pandey Hon'ble Saral Srivastava,J. 1. List has been revised. Learned counsel for the respondents is not present. 2. Heard learned counsel for the appellant. 3. The appellant by means of present appeal has assailed the judgment and award dated 19.11.2011 passed by MACT/District Judge, Jhansi in MACT Case No.162 of 2010 (Smt. Meena Thapa & others Vs. Dhiraj Garg & others). 4. Challenging the award, learned counsel for the appellant has contended that the compensation awarded by the Tribunal is excessive inasmuch as the deceased was employed as Chowkidar in an Inter College and after his death his son has got compassionate appointment and the deceased's widow is getting family pension. It is contended that in such view of fact, there was no loss of income and therefore, the compensation awarded by the Tribunal is excessive inasmuch as there is no loss to the claimants- respondents. 5. Be that as it may, in the case of Vimal Kanwar and others Vs. Kishore Dan and others, 2013(3) TAC 6 (SC), the Apex Court has held that the family pension and the compassionate appointment of the deceased's son cannot be a ground to deny the just and proper compensation. Even otherwise the Tribunal has not awarded any amount towards future prospect and quantum of compensation awarded by the Tribunal is on the lower side. 6. In such view of the fact, this Court is not inclined to interfere with the quantum of compensation, therefore, appeal lacks merit and is dismissed with no order as to costs. Order Date :- 27.5.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad