Disposed

National Insurance Company Ltd., Lucknow Thru. Regional Manager v. Mithilesh Singh and Others

Allahabad HC5 Sept 2024FAFO/185/2024

Case brief

AI extract

What is this about?

National Insurance Company appealed against an award allowing a motor accident claim. The High Court admitted the appeal, issued notice, and stayed the impugned order pending deposit of 50% of the decretal amount by the appellant within four weeks.

What did the court decide?

Stay of the impugned judgment and award dated 07.02.2024 pending deposit of 50% of the decretal amount with interest within four weeks.

National Insurance Company Ltd., Lucknow… — Civil Procedure and Limitation | Allahabad HC (2024)

¶1

Court No. - 6

¶2

Case :- FIRST APPEAL FROM ORDER No. - 185 of 2024 Appellant :- National Insurance Company Ltd., Lucknow Thru. Regional Manager Respondent :- Mithilesh Singh And Others Counsel for Appellant :- Ajeet Srivastav

¶3

Hon'ble Rajnish Kumar,J.

¶4

Sri Ajeet Srivastava, learned counsel for the appellant submits that the deceased Raj Kumar Singh alongwith Gaya din and Mohd. Shami was sitting on tractor No.U.P. 33 E/9406, therefore, he was a gratuitous passenger and not entitled for any compensation but the learned tribunal without considering it and the evidence adduced before it allowed the claim petition. Even otherwise it was a false and fabricated claim because two other claim petitions were filed in regard to the same accident i.e. M.A.C.P. No.160 of 2017 with the plea that deceased Brijesh Kumar was sitting on the tractor alongwith Gaya Din and Mohd. Shami and M.A.C.P. No.417 of 2017 with the plea that the deceased Ram Pher was sitting on the tractor alongwith Gaya Din and Mohd. Shami and in both the cases tractor and incident is the same.

¶5

The matter requires consideration.

¶6

Admit.

¶7

Issue notice.

¶8

Summon the lower court record.

¶9

List with service report.

¶10

In case the appellant deposits 50% of the total decretal amount alongwith interest till the date of payment with the concerned Tribunal within a period of four weeks from today, the impugned judgment and award dated 07.02.2024 passed in M.A.C.P. No.161 of 2017; Mithilesh Singh and others Versus Darshan Baldev (Died) and others by Motor Accident Claims Tribunal, Raebareli shall remain stayed till further orders

¶11

On deposit of the aforesaid amount by the appellant, the same 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.

¶12

Order Date :- 5.9.2024 Akanksha Sri.

¶13

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

National Insurance Company Ltd., Lucknow Thru. Regional Manager v. Mithilesh Singh and Others

Case brief

What is this about?

What did the court decide?

National Insurance Company Ltd., Lucknow Thru. Regional Manager v. Mithilesh Singh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Satish Chandra Gupta vs National Insurance Company Ltd., Lko. Thru. Divisional Manager, and Another

The National Insurance Company Ltd., Lucknow Thru. Regional Manager vs Vittan Singh and Others

Gautam Rajpal vs State of Up and Another

National Insurance Company Limited, Lucknow Thru. Regional Manager vs Archana and Others

National Insurance Company Ltd., Lucknow Thru. Regional Manager vs Smt. Amita and Others

Hemant Kumar Pandey and Another vs Smt. Varsha Pandey