Dismissed

National Insurance Co. Ltd. v. Smt. Krishna Devi and Another

Allahabad HC22 Oct 2019FAFO/1143/1998

Case brief

AI extract

What is this about?

In an appeal from a Motor Vehicles Act claim order, the court dismissed a challenge regarding interest payment dates and negligence findings, noting prior appellate forum decisions and lack of evidence for contributory negligence, confirming the insurer's interim liability.

What did the court decide?

The appeal was dismissed; interim relief was vacated; the record was returned to the Tribunal.

National Insurance Co. Ltd. Vs Smt. Krishna Devi and Another — Insurance | Allahabad HC (2019)

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Court No. - 33

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Case :- FIRST APPEAL FROM ORDER No. - 1143 of 1998

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Appellant :- National Insurance Co. Ltd. Respondent :- Smt. Krishna Devi And Another Counsel for Appellant :- Arvind Kuamr Counsel for Respondent :- Shishir Kumar Dwivedi

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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Sri Shishir Kumar Dwivedi has filed his Vakalatnama recently on behalf of respondent nos.1 to 6.

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Heard Sri Arvind Kumar for the Insurance Company. None appears for owner of the vehicle namely Respondent nos.8 to 11.

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The Insurance company has not challenged the factum of accident having taken place.

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It is submitted that driver of the tractor was not responsible for the accident. In the F.I.R., the number of truck was not mentioned and chargesheet did not provide number of truck URG-9587. It is submitted that the driver and the owner were in collusion with the claimant and the appellant was made party in the year 1994, therefore, interest should not have been granted from the date of filing of the claim petition.

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While going through the record, the contention that it is a case of contributory composite negligence has not been brought home by the Insurance company before the Tribunal nor it is demonstrated that the finding is perverse, therefore, in absence of any proof, I am unable to accept the submission of Arvind Kumar that the driver of the tractor was co-author of the accident.

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As far as the question of grant of interest from the date of joining of the Insurance Company as party is concerned, it is no longer res-integra. The Apex Court has time and again held that under Section 170 of the

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Motor Vehicles Act, 1988, interest would have been paid from the date of either filing of claim petition or as per the judgment of the Tribunal. Hence, the said submission fails.

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The appeal fails and is dismissed. The interim relief stands vacated.

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Record be sent back to the Tribunal forthwith.

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This Court is tankful to Sri Arvind Kumar and Sri Shishir Kumar Dwivedi for getting this very old matter disposed of.

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Order Date :- 22.10.2019 Irshad

National Insurance Co. Ltd. v. Smt. Krishna Devi and Another

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd. v. Smt. Krishna Devi and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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