NATIONAL INSURANCE CO LTD Vs. SHAILENDRA KUMAR GUPTA AND OTHERS
LAWS(ALL)-2019-2-170
HIGH COURT OF ALLAHABAD
Decided on February 28,2019

NATIONAL INSURANCE CO LTD Appellant
VERSUS
Shailendra Kumar Gupta And Others Respondents

JUDGEMENT

Kaushal Jayendra Thaker, J. - (1.) Heard Sri Anand Kumar Sinha-Advocate appearing for the appellant Insurance Company and Sri Sharve Singh, learned counsel for the respondent nos. 7 and 8 ( in First Appeal From Orders No.225 of 2002 and 226 of 2002); namely, widow and child of the deceased, none else has appeared. Though this Court waited till the third round of revision of the Board. Heard Sri Sharve Singh, learned counsel for appellant in First Appeal From Order No. 339 of 2002 ( his name has wrongly been shown for respondent) Sri A.K. Sinha-Advocate appears for respondent- Insurance Company and has opposed the enhancement of compensation filed by the widow and the minor child.
(2.) It is not known form the record whether the earlier Advocate Sri R.O.V.S. Chauhan who has absented himself had consented to part with the matter to Sri Sharve Singh as on the Vakalatnama/ no objection is not on record in any of the three matters.
(3.) The three appeals raise peculiar facts and circumstances. On the death of Vivek Gupta a claim petition came to be filed by his widow and eight month old daughter being MACP No. 314 of 1999 and later on by his father Shailendra Kumar Gupta on his behalf and for four minor children being brother and sister of the deceased being MACP No.28 of 2000. MACP claim first in point was made by the widow and the eight months old daughter. The Tribunal decided both these claims petition by a common judgment rendered on 26.11.2001. The Tribunal awarded a sum of Rs.10,22,500/- with 9% rate of interest from the date of filing of claim petition till the amount was deposited. The Tribunal apportioned the amount by granting a sum of Rs.2,82,500/- in favour of the father of the deceased namely, Saket Gupta and brother of the deceased namely, Sharad Gupta.;


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