Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 41902 (ALL)

NATIONAL INSURANCE CO. LTD. v. SMT. RAJKALA DEVI AND 6 OTHERS

FAFO/1132/2015 · 2025-06-30

Saral Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:101233 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 1132 of 2015 Appellant :- National Insurance Co. Ltd. Respondent :- Smt. Rajkala Devi And 6 Others Counsel for Appellant :- Sushil Kumar Mehrotra Counsel for Respondent :- Achintya Kumar,Ankur Mehrotra Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the appellant and learned counsel for the respondents. 2. Appellant by means of present appeal has assailed the judgment and award dated 22.01.2015 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.5, Varanasi in M.A.C.P. No.115 of 2013 (Smt. Rajkala Devi and others Vs. Vijay Kumar Singh and others). 3. The only contention advanced by learned counsel for the appellant is that the Tribunal has erred in awarding the interest on the future prospect and thus, the compensation awarded by the Tribunal is excessive. 4. Learned counsel for the respondents has submitted that in the case of UPSRTC Vs. Bhawani Prasad Manjhi passed in FAFO No.42 of 2016, Co-ordinate Bench of this Court has held that the insurance company is liable to pay interest on future prospect, against which, the UPSRTC preferred appeal which was also dismissed by Apex Court in Special Leave to Appeal No.5183 of 2025 (UPSRTC Vs. Bhawani Prasad Manjhi), therefore, insurance company is liable to pay interest on future prospect. 5. Be that as it may, since this Court in FAFO No.42 of 2016 (supra) has held that insurance company is liable to pay interest on future prospect which has been affirmed by the Apex Court in Special Leave to Appeal No.5183 of 2025, therefore, the controversy is concluded and the contention of the learned counsel for the appellant does not stand on merit. 6. Thus, for the reasons given above, appeal lacks merit and is dismissed with no order as to cost. Order Date :- 1.7.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad