National Insurance Co. Ltd. v. Smt Najma Begam and 4 Others
Case brief
What is this about?
The division bench admitted the first appeal filed by the appellant insurance company against the Motor Accident Claims Tribunal's award of Rs. 6,50,800/- to the claimants, staying the impugned order conditionally pending deposit of the awarded amount within two months.
What did the court decide?
Stay of impugned order conditioned on deposit of entire awarded amount including interest within two months; 50% withdrawable, 50% in fixed deposit.
What the court decided
Court No. - 35
Case :- FIRST APPEAL FROM ORDER No. - 1334 of 2024 Appellant :- National Insurance Co Ltd Respondent :- Smt Najma Begam And 4 Others Counsel for Appellant :- Vipul Kumar Counsel for Respondent :- Krishna Mohan Rai
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Vipul Kumar, learned counsel for the appellant, Sri K.M. Rai, learned counsel appearing on behalf of claimant-respondent nos. 1 to 3 and perused the record.
This first appeal from order has been filed by appellant Insurance Company against the judgemnt and award dated 22.02.2024, passed by Presiding Officer, Motor Accident Claims Tribunal, Hathras, in Motor Accident Claim Petition No. 185 of 2018 by which, compensation of Rs. 6,50,800/- along with 7% interest has been awarded to the claimants-respondents.
It is submitted by learned counsel for the appellant that involvement of insured vehicle in the accident is seriously doubtful. The first information report was lodged after 8 days of the accident on 21.06.2018 against unknown vehicle, whereas, the accident was alleged to be occurred on 13.08.2018. It is further submitted that the claimants with the collusion of owner of insured vehicle has planted the insured vehicle only to get compensation from the appellant Insurance Company.
The matter requires consideration.
Admit.
Issues for consideration
1 issue framed by the court
Whether to admit the first appeal against the Motor Accident Claims Tribunal's award granting compensation to the claimants.
Parties & counsel
- appellant
National Insurance Co Ltd
- respondent
Smt Najma Begam
Coram
Vipin Chandra Dixit
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- FAFO/1334/2024
All orders in this case
2 orders share this CNR
- Order 1 — this page · Case IS Not Allocated TO Court.
- Order 2 · Case IS Not Allocated TO Court.
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