Dismissed

National Insurance Co. Ltd. v. Shamim Ahmad Kha and 7 Others

Allahabad HC9 Jul 2018FAFO/669/2015

Case brief

AI extract

What is this about?

The Single Judge dismissed the motor accident compensation appeal filed by the insurance company. The court held that the Tribunal's award directing payment by the insurer was not illegal, and the right of recovery from the owner/driver remains open to the appellant.

What did the court decide?

The appeal was dismissed; the statutory amount deposited was remitted to the Tribunal for adjustment against the award compensation.

National Insurance Co. Ltd. Vs Shamim Ahmad Kha and… — Motor Accident Claims | Allahabad HC (2018)

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Court No. - 26

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Case :- FIRST APPEAL FROM ORDER No. - 669 of 2015

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Appellant :- National Insurance Co. Ltd. Respondent :- Shamim Ahmad Kha And 7 Others Counsel for Appellant :- Anand Kumar Sinha Counsel for Respondent :- Ram Singh,Adison Patel

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Hon'ble Ajit Kumar,J.

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Heard learned counsel for the parties and perused the record.

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This appeal under Section 173 of the Motor Vehicle Acts, 1988 has been preferred against the judgment and award dated 17.11.2014 passed by Motor Accident Claim Tribunal/ Additional District Judge, Court No.7, Allahabad in M.A.C.P. No. 375 of 2013, whereby compensation to the tune of Rs.4,57,000/- has been awarded in favour of the claimantsrespondents along with interest at the rate of 7% per annum from the date of application till actual payment is made.

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The brief facts of the case are that on 15.04.2013 at about 9:30 am a truck bearing Registration No. UP 70 N/9600 which was being driven negligently and rashly hit the deceased Samir near Dharampur, Police Station- Saraiakil, District- Kaushambi, resultantly, Samir sustained fatal injuries and subsequently, succumbed to his injuries. The said accident was caused due to rash and negligent driving by the driver of the truck.

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From the perusal of the award of the Tribunal, it is very much clear that the driver of the vehicle in question was not in possession of a valid driving license and, therefore, the appellant has been granted right to recovery from the owner of the vehicle. Since the vehicle was insured and its beneficial piece of legislation, the Court directed to Insurance Company to pay the compensation amount to the claimants-respondents.

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In view of the fact that once the Tribunal has issued direction giving right to recovery of the amount to be paid as compensation under award, I do not find any illegality in the award that can be said to be prejudicial to the interest of the appellant.

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It is always open to the appellant to get the amount of compensation recovered from the owner and the driver of the vehicle as per the directions issued by the Tribunal and the appellant is not able to demonstrate as to whether any such appeal has been preferred by the owner or the driver of the

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vehicle in which directions issued by the Tribunal has been stayed or set aside.

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Thus, the appeal lacks merit and is, accordingly, dismissed.

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The statutory amount, however, already deposited before this Court shall be remitted to the Tribunal for being adjusted against the compensation to be made under the award.

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Order Date :- 9.7.2018 Atmesh

National Insurance Co. Ltd. v. Shamim Ahmad Kha and 7 Others

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd. v. Shamim Ahmad Kha and 7 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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