First appeal against a Motor Accident Claims Tribunal award of over Rs. 23 lakh compensation. Court admits the appeal, stays the award, and issues notices and summons for record.
Stayed the judgment and award dated 15.3.2024; summoned Claims Tribunal record; remitted statutory deposit of Rs. 25,000/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 35
Case :- FIRST APPEAL FROM ORDER No. - 1292 of 2024
Appellant :- National Insurance Company Limited Respondent :- Smt Nazrana And 6 Others Counsel for Appellant :- Nishant Mehrotra
Hon'ble Vipin Chandra Dixit,J.
Heard Sri M.K. Maurya, Advocate holding brief of Sri Nishant Mehrotra, learned counsel for the appellant and perused the record.
This FAFO has been filed by the appellant against the judgment and award dated 15.3.2024 passed by the Presiding Officer, Motor Accident Claims Tribunal, Moradabad in MACP No.146 of 2022(Smt. Nazrana and others vs. Rahat Ali and others), by which compensation of Rs.23,47,802/- alongwith 7% annual interest has been awarded in favour of claimants/respondent nos. 1 to 5 and liability has been fixed upon the appellant being insurer of the offending vehicle.
It is submitted by learned counsel for the appellant that driver of the vehicle was not having valid driving licence and the Claims Tribunal has erred in fixing liability upon the appellant. It is further submitted that very excessive amount of compensation has been awarded by the Claims Tribunal. It is pointed out by the learned counsel for the appellant that the Presiding Officer of MACT has decided 182 claim petitions in last month of his retirement which created doubt regarding fairness of the Presiding Officer.
Matter requires consideration.
Admit.
Issue notice to respondents. Steps be taken within one week by registered post.
Summon the record of Claims Tribunal at the expense of appellant.
List after two months.
Until further orders, effect and operation of the judgment and award dated 15.3.2024 passed in the aforesaid case shall remain stayed.
The statutory deposit of Rs.25,000/- shall be remitted to the claims Tribunal which shall be invested in fixed deposit scheme till disposal of appeal.
Order Date :- 9.8.2024
P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
National Insurance Company Limited
Smt Nazrana and 6 Others
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
