National Insurance Company Limited Thru. Manager Legal Deptt. Lko. vs Pratigya Devi and 5 Others

Court No. - 4

Case :- FIRST APPEAL FROM ORDER No. - 15 of 2024

Appellant :- National Insurance Company Limited Thru. Manager Legal Deptt. Lko. Respondent :- Pratigya Devi And 5 Others Counsel for Appellant :- Pradeep Kumar Rai

¶4

Hon'ble Rajnish Kumar,J.

¶5

Shri Pradeep Kumar Rai, learned counsel for the appellant submits that there was contradiction in the evidence of the P.W.1 and P.W.-2 in regard to driving of the vehicle by which the deceased was going and it was a case of contributory negligence which has not been considered.

¶6

Matter requires consideration.

¶7

Issue notice to the respondents returnable at an early date.

¶8

Summon the Lower Court Record.

¶9

Steps to be taken within a week.

¶10

List with service report.

¶11

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 four weeks from today, no coercive action shall be taken against the appellant in pursuance of the impugned judgment and award dated 25.10.2023 passed in M.A.C.P.No.198 of 2018; Pratigya Devi and others Versus Om Prakash and another by the Motor Accident Claims Tribunal, Lakhimpur Kheri

¶12

On deposit of the aforesaid decretal amount, 50% of the amount shall be released in favour of the claimants-respondents in terms of the directions issued by the Tribunal. The rest of the amount shall be invested in an interest bearing fixed deposit account in a nationalized bank initially for a period of one year with an auto renewal facility.

¶13

The record shall be sent after release of the amount in terms of this order.

¶14

. ...................................... .(Rajnish Kumar,J.) Order Date :- 6.2.2024 Banswar

¶15

Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench

National Insurance Company Limited Thru. Manager Legal Deptt. Lko. v. Pratigya Devi and 5 Others

Case brief

What is this about?

What did the court decide?

National Insurance Company Limited Thru. Manager Legal Deptt. Lko. v. Pratigya Devi and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Asharfi Lal and Another vs Union of India Thru. General Manager, Gorakhpur

Smt. Nilam and Anr. vs U.P. Power Corporation Ltd. Sitapur Thru. G.M. and Anr.

Jai Narain Lal Awasthi and Another vs Vijay Prakash

Dev Narain and 2 Others vs Chhotey Lal and 13 Others

Vinod Kumar Yadav vs Raghuveer Singh @ Bachan Singh

Maya Devi and Another vs Shyam Narayan