Disposed

Cholamandalam Ms General Insurance Company Ltd. v. Smt Ramwati and 3 Others

Allahabad HC2 Aug 2024FAFO/1419/2024

Case brief

AI extract

What is this about?

Appeal against Motor Accident Claims Tribunal award granting compensation. Court stayed impugned award by directing mandatory deposit of awarded amount including interest within two months, permitting interim 50% withdrawal for claimants.

What did the court decide?

Stay of impugned award granted pending deposit of awarded amount including interest within two months; claimants entitled to withdraw 50% of deposit.

Cholamandalam Ms General Insurance Company Ltd. vs Smt… — Contempt of Court | Allahabad HC (2024)

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Court No. - 35

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Case :- FIRST APPEAL FROM ORDER No. - 1419 of 2024

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Appellant :- Cholamandalam Ms General Insurance Company Ltd Respondent :- Smt Ramwati And 3 Others Counsel for Appellant :- Pawan Kumar Singh

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Pawan Kumar Singh, learned counsel for the appellant and perused the record.

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This first appeal from order has been filed by the appellant Insurance Company against the judgment and award dated 1.11.2023 passed by Presiding Officer, Motor Accident Claims Tribunal, Moradabad in M.A.C.P. No.290 of 2019 (Smt. Ramwati and others Vs. Kuldeep and others), by which compensation of Rs.12,81,414/- along with 7.5% interest has been awarded in favour of claimants-respondents.

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It is submitted by learned counsel for the appellant that insured vehicle was plied in violation of terms and conditions of insurance policy. The driver of insured vehicle was not having a valid and effective driving licence at the time of accident. The F.I.R. was lodged against Kuldeep respondent no.3 with the allegation that at the time of accident the insured vehicle was driven by Kuldeep, who is owner of the vehicle but later on the charge-sheet has been filed against one Vikki. No driving licence of Kuldeep was filed either by owner of vehicle or by the claimants before the Claims Tribunal. The Claims Tribunal has erred in deciding the issue of driving licence holding that the vehicle was driven by Vikki, who has a valid driving licence whereas as per contents of F.I.R. the vehicle was driven by Kuldeep, who is owner of the vehicle.

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Matter requires consideration.

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Admit.

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Issue notice to respondents. Steps be taken within a week by registered post.

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Summon the record of Claims Tribunal on the expenses of appellant.

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List after two months along with F.A.F.O. No.840 of 2024.

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Until further orders, effect and operation of impugned judgment and award dated 1.11.2023 passed in aforesaid case, shall remain stayed, provided the appellant deposits entire awarded amount including interest before the concerned Claims Tribunal within two months from today. The claimants-respondents are entitled to withdraw 50% of the deposited amount without furnishing any surety and remaining 50% is directed to be invested in fixed deposit scheme in any nationalized bank till disposal of this appeal.

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The statutory amount of Rs.25,000/- deposited by the appellant shall be remitted back to the Tribunal for adjustment to the amount deposited by the appellant.

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In default of deposit within the aforesaid period, the interim protection granted shall stand automatically vacated.

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Order Date :- 2.8.2024 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Cholamandalam Ms General Insurance Company Ltd. v. Smt Ramwati and 3 Others

Case brief

What is this about?

What did the court decide?

Cholamandalam Ms General Insurance Company Ltd. v. Smt Ramwati and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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