Dismissed

United India Insurance Co. Ltd. v. Smt. Rani Devi and 2 Others

Allahabad HC5 Sept 2024FAFO/1690/2024

Case brief

AI extract

What is this about?

In this first appeal filed by an Insurance Company against an award of compensation, the Allahabad High Court held that the appeal is not maintainable. Relying on supreme court precedent, the court ruled that since the tribunal granted the right of recovery against the insured owner and driver, the insurer is not an aggrieved party.

What did the court decide?

The first appeal filed by the appellant was dismissed and any interim order was vacated.

United India Insurance Co. Ltd. vs Smt… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:145657

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Court No. - 35

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Case :- FIRST APPEAL FROM ORDER No. - 1690 of 2024

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Appellant :- United India Insurance Co Ltd Respondent :- Smt. Rani Devi And 2 Others Counsel for Appellant :- Krishna Shanker Chaudhary Counsel for Respondent :- Dev Kaushik

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Krishna Shanker Chaudhary, learned counsel for the appellant, Sri Manish Kumar, holding brief of Sri Dev Kaushik, learned counsel for claimant-respondent no. 1 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 23.11.2023, passed by Presiding Officer, Motor Accident Claims Tribunal, Kanpur Dehat in M.A.C.P. No. 439 of 2015 (Smt. Rani Devi vs. Moti Lal and two others), awarding compensation of Rs. 1,10,033/- along with 7.5 % interest to the claimant-respondent No. 1 on account of injuries received by her. The liability of payment has been fixed upon the appellant Insurance Company with liberty to recover the same from the owner and driver of the vehicle.

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It is submitted by learned counsel for the appellant that the claims tribunal has erred in fixing the liability upon the appellant Insurance Company to pay compensation to the claimantrespondent no. 1. The claims tribunal has recorded the finding while deciding Issue No. 2 that the driver of insured vehicle was not having valid driving license and there was breach of terms and conditions of Insurance Policy.

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On the other hand, learned counsel appearing for claimantrespondent has submitted that Claims Tribunal had already given

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right of recovery to the Insurance Company to recover the amount from the owner and driver of vehicle and as such the appeal on behalf of Insurance Company is not maintainable.

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I have considered the submissions of learned counsel for the parties and perused the record.

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Since the Insurance Company has already been given right of recovery to recover the amount from the owner and driver of vehicle, the Insurance Company is not aggrieved party and the appeal on behalf of Insurance Company is not maintainable in view of law laid down by Hon'ble the Apex Court in the case of National Insurance Company Ltd. Vs. Swaran Singh and others [2004 (3) SCC 297] and a Division Bench of this Court in the case of M/s United India Insurance Company Ltd. vs. Smt. Maya Devi and others [2013(1) AICC 754].

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The first appeal from order is dismissed, accordingly. Interim order, if any, stands vacated.

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Order Date :- 5.9.2024

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Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad

United India Insurance Co. Ltd. v. Smt. Rani Devi and 2 Others

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd. v. Smt. Rani Devi and 2 Others

Case brief

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What did the court decide?

What the court decided

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