High CourtsSingle Bench(2015) 01 PAT CK 0010

Oriental Insurance Company vs Awdhesh Singh

Patna High Court · Decided on 23 January 2015

HON’BLE JUDGES
Akhilesh Chandra, J.
RESULT
Disposed off
CASE NUMBER
Miscellaneous Appeal No. 130 of 2011

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Judgment

8 paragraphs · 268 words

Akhilesh Chandra, J.—Heard learned counsel for the appellant and learned counsel for the respondent Nos. 1 to 5.

2.

This is an appeal preferred against the Judgment dated 6th September, 2010 and Award dated 18th December, 2010 passed in M.V. Claim Case No. 489 of 2008/112 of 2008 by learned 6th Additional District Judge-Cum-Motor Vehicles Claims Tribunal, Patna.

3.

It is admitted that 70% of the Award has already been satisfied by the appellant (Insurance) pursuant to the order dated 24th January, 2014 of this Court.

4.

Since the relevant facts relating to accident and authority of the claimants etc. are undisputed, there is no necessity to go into further details.

5.

The only point raised in this appeal is that Claim Tribunal Below has not ordered about deduction of income tax at source and also not deducted certain allowances which ought to have been. On the other hand, it is submitted by learned counsel representing claimants-respondent Nos. 1 to 5 that the Claim Tribunal Below has also not taken care of the future prospect of the deceased, an Airman, died at the age of 28 years.

6.

In view of the above, on general calculation it is now considered submission of the Bar that in fact there shall be no substantial difference in the amount of Award.

7.

Taking into consideration the above, finding no reason to interfere with the Judgment and Award of the Claim Tribunal Below, this appeal stands disposed of.

8.

As prayed for, the statutory amount of Rs. 25,000/- (Rupees Twenty Five Thousand) shall be remitted to the Claim Tribunal Below for needful.