Allowed

Baniendra Singh v. Smt. Rani Sharma and Another

Allahabad HC5 Sept 2022FAFO/2681/2017

Case brief

AI extract

What is this about?

First appeal by truck owner against MAC Tribunal award. The High Court accepted the Insurance Company's verification that the driver's licence was valid, set aside the Tribunal's finding of illegality, scrapped the owner's liability, and directed the insurer to pay the full compensation.

What did the court decide?

Appellant exonerated; Insurance company directed to pay full compensation including interest; deposit of Rs. 25,000 remitted.

Baniendra Singh Vs Smt. Rani Sharma and Another — Motor Accident Claims | Allahabad HC (2022)

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Court No. - 59

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Case :- FIRST APPEAL FROM ORDER No. - 2681 of 2017 Appellant :- Baniendra Singh Respondent :- Smt. Rani Sharma And Another Counsel for Appellant :- Amit Kumar Sinha,Deepali Srivastava Sinha Counsel for Respondent :- Amit Kumar Singh,Krishna Shanker Chaudhary,Ram Singh

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Amit Kumar Sinha, learned counsel for the appellant, Sri Ram Singh, learned counsel appearing on behalf of claimant-respondent no. 1, Sri Krishna Shanker Chaudhary, learned counsel appearing on behalf of respondent no. 2 Insurance Company and perused the record.

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This first appeal from order has been filed by the owner of the vehicle against the judgment and award dated 25.04.2017, passed by Motor Accident Claims Tribunal / Additional District Judge, Court No. 3, Aligarh, in M.A.C.P. No. 522 of 2008 (Smt. Rani Sharma vs. United India Insurance Company Ltd. & another), by which compensation of Rs. 1,65,000/- along with 7% interest has been awarded to the claimant-respondent no. 1 and the liability for payment of compensation had been fixed upon the appellant being owner of the truck bearing no. RJ 14 GC 2525.

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Learned counsel for the appellant has submitted that the Claims Tribunal has erred in recording the finding that the driving licence of truck driver was not valid on the date of accident to drive the transport vehicle and the insured truck was used in violation of the terms and conditions of the insurance policy.

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In compliance of order dated 28.01.2021, passed in connected F.A.F.O. No. 2481 of 2017 (Smt. Rani Sharma and 2 others vs. United India Insurance Co. Ltd. and another), the respondent no. 2/Insurance Company had filed Civil Misc. Application on 30.11.2021 in connected F.A.F.O. No. 2673 of 2017 annexing the verification report dated 27.01.2021 of the driving licence of the driver namely Sarjivan Singh and as per verification report dated 27.01.2021, the driving licence of driver was valid and effective to drive the transport vehicle on the date of accident i.e. 03.06.2008.

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In view of verification report dated 27.01.2021, filed by the Insurance Company, the driving licence of the driver of the truck was valid on the date of accident, to drive the transport

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vehicle and the Claims Tribunal had committed illegality in deciding issue no. 2 holding that the driving licence of the truck driver was not valid.

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In view of verification report, the appeal filed by owner of the truck is liable to be allowed and Insurance Company respondent no. 2 is liable to pay the entire awarded amount.

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Accordingly, the appeal is allowed and the judgment and award dated 25.04.2017 is modified and the respondent no. 2 / United India Insurance Company Ltd. is directed to pay the entire awarded amount including interest to the claimant-respondent no. 1 within a period of two months from today and the appellant / owner of the truck is exonerated from any liability. Rs. 25,000/- deposited by the appellant before this Court is remitted back to the concerned Claims Tribunal and shall be paid to the appellant forthwith.

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Order Date :- 5.9.2022 sailesh

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Digitally signed by SAILESH PRAJAPATI Date: 2022.09.07 17:49:39 IST Reason: Location: High Court of Judicature at Allahabad

Baniendra Singh v. Smt. Rani Sharma and Another

Case brief

What is this about?

What did the court decide?

Baniendra Singh v. Smt. Rani Sharma and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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