Excelsior Correspondent
JAMMU, Mar 16: State High Court today dismissed an appeal filed by the New India Insurance Company Ltd against the award passed by the MACT Samba to the tune of Rs 1,68,09,089 in an accident case.
According to the case, on March 30, 2009 a vehicular accident took place at Vijaypur Chakpura wherein one Venkata Subramanyam Bopana lost his life. The accident had allegedly been caused due to rash and negligent driving of one Deepak Kumar, driver of offending vehicle TATA SUMO.
The legal heirs of deceased— wife and minor son approached the Tribunal seeking compensation from the insurer-appellant for the life of deceased having gone astray due to the accident. Respondents claimed compensation to the tune of Rs 2.50 crore along with 12% interest per annum from the appellant and MACT Samba awarded Rs 1,68,09,089 on April 26, 2012 which was challenged by the New India Insurance Company Ltd.
After hearing Senior Advocate R K Gupta with Advocate Prem Sadhotra appearing for the appellant whereas Advocate R K Jain and Advocate Vishal Sharma appearing for the respondents/claimants, Justice Mansoor Ahmed Mir observed, “Court is of the considered view that Tribunal has rightly awarded Rs 1,68,09,089 for loss of dependency, loss of estate, funeral expenses and loss of consortium respectively”.
“The sufferings, pain and agony of the family consisting of a lady and a minor child having lost its only earning member can just be imagined. The sufferings have got multiplied by the conduct of appellant/ insurer who has dragged them unnecessarily and kept them busy in litigation. Therefore Court deems it proper to impose costs too”, Justice Mir said.
Accordingly, the appeal was dismissed with costs of Rs 10,000 payable to the respondents/ claimants.
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