The National Insurance Company Ltd., Lucknow Thru. Regional Manager v. Shivam Chauhan Others

Allahabad HC3 May 2024FAFO/126/2024

Case brief

AI extract

What is this about?

Insurer appealed against a motor accident award, contending the driver lacked a hazardous-goods driving endorsement and pleading contributory negligence. The court admitted the appeal, issued notice, summoned the tribunal record and directed conditional deposit with partial release to the claimant.

What did the court decide?

Appeal admitted; notice issued; coercive action stayed if decretal amount deposited within six weeks; 50% of award released to claimant, remainder kept in interest-bearing fixed deposit.

The National Insurance Company Ltd., Lucknow Thru… — Motor Accident Claims | Allahabad HC (2024)

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Court No. - 5

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Case :- FIRST APPEAL FROM ORDER No. - 126 of 2024

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Appellant :- The National Insurance Company Ltd., Lucknow Thru. Regional Manager Respondent :- Shivam Chauhan Others Counsel for Appellant :- Satyajit Banerji

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Hon'ble Rajnish Kumar,J.

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Sri S. Banerji, learned counsel for the appellant submits that the offending vehicle was tanker carrying hazardous goods. The driver of the vehicle was not having endorsement for driving the vehicle carrying hazardous goods on the date of accident i.e.,29.10.2016 because the endorsement was made on 18.08.2017 which was valid upto 13.06.2018. However, learned tribunal has declined to consider it only on the ground that no question was put to driver at the time of examination, whereas tribunal had admitted that he was driving the tanker at the time of alleged accident. Therefore even if the tanker was not carrying the hazardous goods at that time, it cannot be said that it could have been driven by a driver who has no endorsement for driving a vehicle carrying hazardous goods. He relies on judgment and order dated 18.08.2021 passed in F.A.F.O. No.3370 of 2019(Ramesh chandra Tiwari versus Madan singh and 4 others). He further submits that the accident had occurred in the middle of the road and a plea was also taken in this regard regarding the contributory negligence but without recording any finding in this regard, plea has been declined merely on the ground that the burden lies on the driver of the heavy vehicle.

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The matter requires consideration.

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Admit.

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Issue notice to the respondents returnable at an early date.

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Summon the lower court record.

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Steps to be taken within a week.

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In case the appellant deposits the total decretal amount alongwith interest with the concerned Tribunal after adjusting the statutory deposit made before this court within a period of six weeks from today, no coercive action shall be taken against the appellant till the next date of listing.

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Out of the aforesaid amount deposited by the appellant, 50% of the awarded amount shall be released in favour of the claimant-

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respondent no.1 in terms of the impugned judgment and award dated 06.02.2024 passed in M.A.C.P.No.822/2016(Shivam Chauhan versus Saraswati Singh and others) by the Motor Accident Claims Tribunal(South), Lucknow and remaining amount shall be kept in a maximum interest bearing fixed deposit account in a nationalized bank initially for a period of three years with an auto renewal facility.

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List with service report.

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Order Date :- 16.5.2024 Akanksha Sri.

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Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

The National Insurance Company Ltd., Lucknow Thru. Regional Manager v. Shivam Chauhan Others

Case brief

What is this about?

What did the court decide?

The National Insurance Company Ltd., Lucknow Thru. Regional Manager v. Shivam Chauhan Others

Case brief

What is this about?

What did the court decide?

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