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United India Insurance Company Limited Vs. Alwar Singh and anr. - Court Judgment

SooperKanoon Citation

Subject

Insurance;Motor Vehicles

Court

Allahabad High Court

Decided On

Judge

Reported in

1(2002)ACC615

Appellant

United India Insurance Company Limited

Respondent

Alwar Singh and anr.

Excerpt:


.....court under article 226 must necessarily stop at that. thereafter, if the decision taken by the executive is capable of challenge and, there exist appropriate legal grounds for such challenge, it may also be open to the court to quash the decision and to require reconsideration. but no direction in the nature of mandamus whether interim or final can be issued by the court under article 226 to the executive to necessarily acquire a particular area of a particular piece of land for a particular public purpose. section 4; compulsory acquisition of land powers of state government held, renewal of lease in favour of petitioners would not take away power of state government of compulsory acquisition of land. renewal of lease would at best be taken into consideration for determining quantum of compensation. .....upon. the tribunal, on consideration of material evidence on the record, awarded rs. 2,07,.000/- as compensation. the appellant has challenged this order in the present appeal.4. we have heard mr. amaresh sinha, learned counsel for the appellant.5. learned counsel for the appellant submitted that the amount of award is excessive. the tribunal has found that the claimant had received brain injuries and incurred heavy expenses in treatment. considering the facts and circumstances we are of the opinion that the amount awarded by the tribunal does not suffer from any illegality.6. the appeal is accordingly dismissed.7. rs. 25,000/- deposited by the appellant in this court, shall be remitted by the registry of this court to the motor accident claims tribunal concerned within one month for payment/adjustment of the amount payable by the appellant to the claimant-respondents.

Judgment:


Sudhir Narain, J.

1. This appeal is directed against the award of the Motor Accident Claims Tribunal dated 9.5.2001 awarding Rs. 2,07,000/- as compensation to the claimant-respondents.

2. The claim petition was filed by the claimant-respondent No. 1 with the allegations that on 10th March, 1998, while he was going on cycle, Truck No. P.B/ 3341 dashed against him. He received serious injuries. He was treated in the hospital where his brain was operated upon. He incurred heavy expenses in treatment.

3. The appellant contested the claim petition on various grounds. The Tribunal recorded a finding that the accident was caused due to rash and negligent driving of the driver of the truck with the result respondent No. 1 received serious injuries and his brain was operated upon. The Tribunal, on consideration of material evidence on the record, awarded Rs. 2,07,.000/- as compensation. The appellant has challenged this order in the present appeal.

4. We have heard Mr. Amaresh Sinha, learned Counsel for the appellant.

5. Learned Counsel for the appellant submitted that the amount of award is excessive. The Tribunal has found that the claimant had received brain injuries and incurred heavy expenses in treatment. Considering the facts and circumstances we are of the opinion that the amount awarded by the Tribunal does not suffer from any illegality.

6. The appeal is accordingly dismissed.

7. Rs. 25,000/- deposited by the appellant in this Court, shall be remitted by the Registry of this Court to the Motor Accident Claims Tribunal concerned within one month for payment/adjustment of the amount payable by the appellant to the claimant-respondents.


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