NEW INDIA INSURANCE COMPANYLIMITED BHOPAL Vs. RAFEEKA SULTANA
LAWS(MPH)-2000-9-7
HIGH COURT OF MADHYA PRADESH
Decided on
September 26,2000
NEW INDIA INSURANCE COMPANYLIMITED, BHOPAL
Appellant
VERSUS
RAFEEKA SULTANA
Respondents
Referred Judgements :-
RAJAH NILMONI SINGH DEO BAHADUR V. TARANATH MOOKERJEE [REFERRED TO]NEW INDIA ASSURANCE CO.LIMITED V. JAGDISH PRASAD PANDEY [REFERRED TO]
MITTER SINGH V. ASHISH KUMAR [REFERRED TO]
HINDUSTAN GENERAL INSURANCE SOCIETYLIMITED V. SATISH CHANDRA PAUL [REFERRED TO]
BRITISH INDIA GENERAL INSURANCE COMPANY LIMITED VS. CAPTAIN ITBAR SINGH AND JAGJIT SINGH [REFERRED TO]
MAJOR S S KHANNA IN BOTH THE APPEALS VS. BRIG F J DILLON IN BOTH THE APPEALS [REFERRED TO]
COLLECTOR OF CUSTOMS AND EXCISE COCHIN VS. A S BAVA [REFERRED TO]
SUNDERLAL VS. PARAMSUKHDAS [REFERRED TO]
SHANKAR RAMCHANDRA ABHYANKAR VS. KRISHNAJI DATTATREYA BAPAT [REFERRED TO]
STATE OF HARYANA VS. DARSHANA DEVI [REFERRED TO]
HIMALAYAN TILES AND MARBLE PRIVATE LIMITED VS. FRANCIS VICTOR COUTINHO [REFERRED TO]
SHAH BABULAL KHIMJI VS. JAYABEN D KANIA [REFERRED TO]
ASSISTANT COLLECTOR OF CENTRAL EXCISE CHANDAN NAGAR WEST BENGAL VS. DUNLOP INDIA LIMITED [REFERRED TO]
VIJAY PRAKASH D MEHTA VS. COLLECTOR OF CUSTOMS PREVENTIVE BOMBAY [REFERRED TO]
U P AWAS EVAM VIKAS PARISHAD VS. CYAN DEVI [REFERRED TO]
NARENDRA KUMAR VS. YARENISSA [REFERRED TO]
CHINNAMA GEORGE VS. N K RAJU [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. NATHIBEN CHATRABHUJ SMT [REFERRED TO]
OM PRAKASH VS. RUKMINI DEVI [REFERRED TO]
UNITED INDIA FIRE AND GENERAL INSURANCE CO LTD VS. GULAB CHANDRA [REFERRED TO]
ORIENTAL FIRE AND GENERAL INSURANCE CO LTD VS. RAJENDRA KAUR [REFERRED TO]
ABDUL GAFFAR VS. MOHAMMAD PHAPHOO [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. MEMBER M A C T LAKHIMPUR FB [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. RANJIT GHOSH [REFERRED TO]
UNITED FIRE AND GENERAL INSURANCE COMPANY LIMITED VS. P PARVATHAMMA [REFERRED TO]
NORTHERN INDIA GENERAL INSURANCE CO LTD VS. L KRISHNAN [REFERRED TO]
STATE OF MYSORE VS. K L SUBBANNA [REFERRED TO]
KALAVAGUNTA SRIRAMARAO VS. KALAVAGUNTA SURYANARAYANAMURTHI [REFERRED TO]
MANGILAL VS. PARASRAM [REFERRED TO]
REVANAPPA VS. GUNDE RAO [REFERRED TO]
KRISHAN GOPAL DEVI PRASAD VS. DATTATRAYA MADHO LAD [REFERRED TO]
KANTILAL AND BROS VS. RAMARANI DEBI [REFERRED TO]
NOREEN R SRIKANTAIAH VS. L DASARATH RAMAIAH [REFERRED TO]
NATIONAL INSURANCE CO VS. MAGIKHAIA DAS AFTER HIM MST LAXMI DIBYA [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. SHAKUNTALABAI [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. ISMAIL [REFERRED TO]
RAJMATA VIJAYARAJE SCINCIA VS. MAHARAJA MADHAVRAO SCINDIA [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. SULOCHANA SAHU [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. PRITAMLAL [REFERRED TO]
SARMANIYA BAI VS. M P RAJYA PARIVAHAN NIGAM [REFERRED TO]
MADRAS MOTOR AND GENERAL INSURANCE CO VS. JAGADEESWARI [REFERRED TO]
GAYA PRASAD VS. SURESH KUMAR [REFERRED TO]
DIMPLE VS. LAJJARAM [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. AJAY [REFERRED TO]
SARJUBAI VS. GURUDIP SINGH [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. RAMDAS PATIL [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. MEGHNATH [REFERRED TO]
UNITED INDIA FIRE AND GENERAL INSURANCE CO LTD VS. KALYANI [REFERRED TO]
ABDULKADAR EBRAHIM SURA VS. KASHINATH MORESHWAR CHANDANI [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. PREMAKUMARAN [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD VS. K N SURENDERAN NAIR [REFERRED TO]
ORIENTAL INSURANCE CO VS. MOTOR ACCIDENTS CLAIMS TRIBUNAL [REFERRED TO]
ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LIMITED VS. RAJRANI [REFERRED TO]
GURUCHARANSING HARDAYALSING SETHI VS. NARHARI LAXMAN SHINDE [REFERRED TO]
VANGUARD CO LTD VS. RABINDER KAUR [REFERRED TO]
MST KAMALA DEVI VS. NAVIN KUMAR [REFERRED TO]
BARKAT SINGH VS. HANS RAJ PANDIT [REFERRED TO]
LAXMINARAIN MISRA VS. KAILASH NARAIN GUPTA [REFERRED TO]
NATIONAL INSURANCE COMPANY VS. SHANIM AHMAD [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. TULSI DEVI [REFERRED TO]
DUSHYANT KUMAR VS. R S R T CORPORATION [REFERRED TO]
DARSHAN SINGH VS. GHEWARCHAND [REFERRED TO]
UNITED FIRE AND GENERAL INSURANCE CO. LTD. VS. LAKSHMI SHORI GANJOO [REFERRED TO]
GENERAL ASSURANCE SOCIETY LTD VS. JAYALAKSHMI AMMAL [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. VIPUL [REFERRED TO]
HEMENDRA DUTTA CHOUDHURY VS. ARUN KUMAR BORDOLOI [REFERRED TO]
BHAGWATI DEVI VS. I.S. GOEL [REFERRED TO]
LUCKY BHARAT GARAGE (P) LTD. VS. SHANTI DEVI SHRIVASTAVA AND ORS. [REFERRED TO]
ORIENTAL INSURANCE CO LTD, NEW DELHI VS. CHITAMAN [REFERRED TO]
Cited Judgements :-
ORIENTAL INSURANCE CO LTD VS. RANI BEN [LAWS(GJH)-2007-3-35] [REFERRED TO]UNITED INDIA INSURANCE COMPANY LIMITED VS. MOTOR ACCIDENTS CLAIMS TRIBUNAL [LAWS(ALL)-2003-1-170] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. USHA DEVI [LAWS(ALL)-2003-5-115] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. SUMITRA DEVI [LAWS(HPH)-2002-7-4] [REFERRED TO]
NATIONAL INSURANCE CO LIMITED VS. AMAR NATH [LAWS(HPH)-2004-1-2] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. SUKLA DEBNATH [LAWS(GAU)-2003-5-36] [REFERRED TO]
MALTI BAI VS. RAMADHAR SINGH [LAWS(MPH)-2000-9-18] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. AZEEM KHAN [LAWS(MPH)-2001-8-31] [REFERRED TO]
PADMABATI DEVI VS. DASARATHI SAHU [LAWS(ORI)-2002-12-3] [REFERRED TO]
DHARIWAL INDUSTRIES LIMITED VS. M S S FOOD PRODUCTS [LAWS(MPH)-2004-5-34] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. SHRIKANT VINOD TIWARI [LAWS(MPH)-2007-3-77] [REFERRED TO]
CALCUTTA STATE TRANSPORT CORPORATION VS. SUDAMA GHOSH [LAWS(CAL)-2007-5-15] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. REHNAN AMANULKLA PETHAN [LAWS(BOM)-2010-3-219] [REFERRED TO]
NATIONAL INSURANCE CO. LTD VS. SOMA DEVI [LAWS(HPH)-2003-8-3] [REFERRED TO]
RAJESH SAHNI VS. LAL BABU RAI & ANR [LAWS(DLH)-2017-12-405] [REFERRED TO]
JUDGEMENT
BHAWANI SINGH, J. -
(1.)Whether Insurance Company can challenge quantum of compensation under Section 115 of the Code of Civil Procedure or under Article 227 of the Constitution of India, is the question for determination in this case. It arises in circumstances being narrated hereinafter.Mahmood Ul Hassan (40-45) was employed with M. P. State Road Transport Corporation, earning Rs. 1400/- per month, apart from allowances and other facilities. While he was going towards crossing from Bus Stand on 18-2-1996, truck No. CPD 8250 driven by Dev Kumar rashly and negligently hit him resulting in his death. The matter was reported at Police Station-Hanumanganj and case under Section 306 of the Indian Penal Code filed in the Court after investigation. Autopsy of the dead body of Mahmood Ul Hassan was conducted on 19-2-1986 at Hamidia Hospital. Dinesh Kumar was owner of the truck while the New India Insurance Co.Limited was Insurer. The claimants preferred a claim for Rs. Four Lacs, since they were dependant on the deceased. Other side admitted taking place of accident, rest of the allegations were denied and the insurance Company alleged that it was not responsible for making payment.
(2.)The Motor Accidents Claims Tribunal (for brevity 'Tribunal') found on evidence recorded in the case that the accident was committed on 18-2-1986 at 9.30 p.m. by Truck No. CPD 8250 driven rashly and negligently by driver and the deceased was not responsible for it. It found that in this accident, deceased suffered serious injuries resulting in his death and that the claimants were entitled to claim compensation. Accordingly, compensation of Rs. 1,60,000/- has been awarded with interest at the rate of 12% per annum from the date of claim till the date of realisation, by award dated 27-3-1998 passed in M.C.C. No. 41/94.
(3.)New India Insurance Co.Limited assailed this award through Civil Revision under Section 115 of the Code of Civil Procedure, alleging that the Tribunal acted illegally and in disregard of provisions of law in allowing the compensation with interest at the rate of 12% per annum holding that the deceased was 40 years old and applied multiplier of 10, instead of holding that the deceased was 53 years old as reflected in the salary certificate and the case admitted multiplier of 6 (six) for determination of compensation nor could interest at the rate of 12% per annum from the date of filing the application for a period of 12 years, be allowed since delay in disposal of case was attributable to the claimants for which the Insurance Company could not be penalised.
(2.)The Motor Accidents Claims Tribunal (for brevity 'Tribunal') found on evidence recorded in the case that the accident was committed on 18-2-1986 at 9.30 p.m. by Truck No. CPD 8250 driven rashly and negligently by driver and the deceased was not responsible for it. It found that in this accident, deceased suffered serious injuries resulting in his death and that the claimants were entitled to claim compensation. Accordingly, compensation of Rs. 1,60,000/- has been awarded with interest at the rate of 12% per annum from the date of claim till the date of realisation, by award dated 27-3-1998 passed in M.C.C. No. 41/94.
(3.)New India Insurance Co.Limited assailed this award through Civil Revision under Section 115 of the Code of Civil Procedure, alleging that the Tribunal acted illegally and in disregard of provisions of law in allowing the compensation with interest at the rate of 12% per annum holding that the deceased was 40 years old and applied multiplier of 10, instead of holding that the deceased was 53 years old as reflected in the salary certificate and the case admitted multiplier of 6 (six) for determination of compensation nor could interest at the rate of 12% per annum from the date of filing the application for a period of 12 years, be allowed since delay in disposal of case was attributable to the claimants for which the Insurance Company could not be penalised.
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