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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Neema Rana - Appellant
Versus
Mukkaram Khan & Ors. - Respondents
Appeal From Order No. 51 of 2021
Decided On : 06-01-2023
Motor Vehicles Act, 1988 - Appeal under Section 173 - Compensation dispute
Fact of the Case:
The appellant-claimant filed an appeal against the Award passed by the Motor Accident Claims Tribunal, seeking division of interest amount among claimants. However, during the proceedings, the appellant-claimant decided not to press the appeal.
Finding of the Court:
The court dismissed the appeal as not pressed after the appellant-claimant decided not to pursue the appeal further.
Issues: Dispute over division of interest amount among claimants
Ratio Decidendi: The court's decision was influenced by the appellant-claimant's decision not to press the appeal, leading to its dismissal.
Final Decision: The Appeal (AO. No. 51 of 2021) was dismissed as not pressed.
JUDGMENT
Alok Kumar Verma, J. - The present Appeal has been filed by the claimant under Section 173 of the Motor Vehicles Act, 1988.
2. Heard Mr. Amar Murti Shukla, learned counsel for the appellant-claimant, Mr. P.C. Maulekhi, learned counsel for respondent no.3 and Mr. Rajat Mittal, learned counsel for respondent nos. 4 and 5.
3. Mr. Amar Murti Shukla, learned counsel for the appellant-claimant, submitted that the learned Motor Accident Claims Tribunal/IIIrd Additional District Judge, Dehradun has passed the impugned Award dated 06.02.2020 in Motor Accident Claim Petition No. 218 of 2017, 'Smt. Neema Rana Vs. Mukkaram Khan and Others', by which, the learned Tribunal has awarded a total sum of Rs.83,86,864 (Rupees Eighty Three Lakh Eighty Six Thousand Eight Hundred Sixty Four) as compensation along with an interest @ 7.5% per annum from the date of the petition till its actual payment. He submitted that the learned Tribunal has directed the Insurance Company to pay the whole amount of the said interest to the respondent no.4-Smt. Heera Rana. He further submitted that the said amount of the interest should be divided amongst the claimants, therefore, the present claimant has filed the present appeal.
4. Mr. Rajat Mittal, learned counsel appearing for respondent nos. 4 and 5, submitted that the respondent no.4, the mother of the deceased and the mother-in-law of the appellant-claimant, has died on 22.12.2022.
5. After the death of the respondent no.4, the mother-in-law of the appellant-claimant, all the successors of the deceased respondent no.4 will be entitled to receive their shares as successors, in accordance with law.
6. After the said submissions, Mr. Amar Murti Shukla, learned counsel for the appellant-claimant, submitted that the appellant-claimant does not want to press the present appeal.
7. Learned counsel for the respondents have no objection.
8. The present Appeal (AO. No. 51 of 2021) is dismissed as not pressed.
The court's decision was based on the appellant-claimant's choice not to pursue the appeal further, leading to its dismissal.
The Court's decision was based on the compromise reached by the parties, highlighting the significance of mutual agreement in settling legal disputes.
The claimants are entitled to compensation as per the insurance contract, limited to Rs.1 Lakh, with an interest rate adjustment to 9% per annum.
Compensation determination must reflect actual earnings and dependents' needs, ensuring fair and just assessments under the MV Act.
Compensation assessment must follow principles of fairness and equity, taking into account the date of the accident and dependents' status.
The court clarified that claims under Section 166 of the Motor Vehicles Act require consideration of future prospects in compensation calculations, leading to an enhancement of the awarded amount.
The entitlement of non-dependent heirs as legal representatives to claim compensation under Section 166 of the Motor Vehicles Act.
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