Disposed

National Insurance Co. Ltd., Lucknow Thru. Regional Manager v. Chhatrapal and 3 Others

Allahabad HC21 May 2024FAFO/150/2024

Case brief

AI extract

What is this about?

Insurer's appeal against a motor accident compensation award raising contradictions between two claim petitions over the same fatal accident and the deceased's status as a gratuitous passenger. Court admitted the appeal, issued notice, summoned the lower court record, and stayed the award subject to deposit of the decretal amount.

What did the court decide?

Appeal admitted; impugned judgment dated 21.02.2024 and award dated 28.02.2024 stayed subject to deposit of decretal amount with interest within four weeks.

National Insurance Co. Ltd., Lucknow Thru. Regional Manager vs… — Insurance | Allahabad HC (2024)

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Court No. - 5

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Case :- FIRST APPEAL FROM ORDER No. - 150 of 2024

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Appellant :- National Insurance Co. Ltd., Lucknow Thru. Regional Manager Respondent :- Chhatrapal And 3 Others Counsel for Appellant :- Anil Srivastava

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Hon'ble Rajnish Kumar,J.

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Sri Anil Srivastava, learned counsel for the appellant submits that in regard to the accident in question on 12.04.2012, in which as claimed the deceased who was travelling in a tanker had died by burning on account of collision between the truck and the tanker whereas it was stated in the application that he was travelling in a tractor and there is contradiction in the claim petition No.31 of 2012 filed by father and mother of the deceased Arvind Kumar and claim petition No.385 of 2012 filed by the legal representatives of the deceased Kamta Prasad, who was said to be traveling in the truck. Though a common F.I.R. was lodged but two different stories have been set up in regard to the accident by both the claimants,therefore the accident itself is doubtful. He further submits that even otherwise if the deceased was traveling in the tanker he was a gratuitous passenger because he was neither the driver nor the cleaner or the owner of the goods. He further submits that the claim petition was filed under Section 163-A of Motor Vehicles Act, whereas award has been made as per Section 166 of the Motor Vehicles Act, which could not have been done.

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The matter requires consideration.

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Admit.

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Issue notice.

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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 four weeks from today, the impugned judgment dated 21.02.2024 and award dated 28.02.2024 passed in M.A.C.P. No.31 of 2013 by the Motor Accident Claims Tribunal(North), Lucknow shall remain stayed.

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On deposit of the aforesaid amount by the appellant, the same shall be invested in a a maximum interest bearing fixed deposit

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account in a nationalized bank initially for a period of one year with an auto renewal facility.

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Connect and list with F.A.F.O. No.1000/2013, immediately after receipt of the lower court record.

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Order Date :- 21.5.2024 Akanksha Sri.

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

National Insurance Co. Ltd., Lucknow Thru. Regional Manager v. Chhatrapal and 3 Others

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd., Lucknow Thru. Regional Manager v. Chhatrapal and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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