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2025 DAILYLAW 49362 (ALL)

NATIONAL INSURANCE CO. LTD. v. GUDDO DEVI AND 3 OTEHRS

FAFO/802/2015 · 2025-05-26

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90617 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 802 of 2015 Appellant :- National Insurance Co. Ltd. Respondent :- Guddo Devi And 3 Otehrs Counsel for Appellant :- Arvind Kumar Counsel for Respondent :- Anoop Kumar Mishra Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the appellant-insurance company and learned counsel for the respondents. 2. The present appeal has been preferred by the appellant- insurance company challenging the judgement and award dated 03.12.2014 passed by Motor Accident Claims Tribunal/District Judge, Etah (hereinafter referred to as 'Tribunal') whereby Tribunal has awarded Rs.11,38,400/- along with 9% interest as compensation to the claimants/respondent nos.1 to 3. 3. Challenging the aforesaid award, learned counsel for the appellant has contended that compensation awarded by the Tribunal is excessive and without any basis. It is contended that income of the deceased has been assessed by the Tribunal on higher side inasmuch as there was no proof of income of the deceased on record, yet Tribunal has held the income of the deceased to Rs.6,000/- per month. 4. Per contra, learned counsel for the respondents would contend that claimants/respondents have preferred F.A.F.O. No.1354 of 2021 in which this Court by judgement and order dated 21.10.2022 has enhanced the compensation to the extent of 40% towards future prospect, and appellant-insurance company did not raise any objection with regard to income of the deceased. 5. Be that as it may, since this Court has already enhanced the compensation in F.A.F.O. No.1354 of 2021 preferred by the claimants/respondents in which, appellant did not dispute the income of the deceased, therefore, this Court does not find any good ground to interfere with the finding of the Tribunal in respect of income of the deceased. 6. Thus, for the reasons given above, the appeal lacks merit and is hereby dismissed with no order as to costs. Order Date :- 27.5.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad