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

Allahabad HC3 Jul 2024FAFO/186/2024

Case brief

AI extract

What is this about?

Appellant sought stay of Motor Accident Claims Tribunal award. Court admitted appeal, issued notices, and directed stay of impugned award pending 50% security deposit with interest by appellant within four weeks.

What did the court decide?

Stay of impugned award granted conditional upon deposit of 50% of decretal amount plus interest with Tribunal within four weeks.

National Insurance Company Limited, Lucknow Thru… — Consumer Protection | Allahabad HC (2024)

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Court No. - 6 Case :- FIRST APPEAL FROM ORDER No. - 186 of 2024 Appellant :- National Insurance Company Limited, Lucknow Thru. Regional Manager Respondent :- Archana And Others Counsel for Appellant :- Ajeet Srivastav Hon'ble Rajnish Kumar,J.

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Sri Ajeet Srivastava, learned counsel for the appellant submits that the deceased Brijesh Kumar 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.161 of 2017 with the plea that deceased Raj Kumar Singh 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.

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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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List with service report.

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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.160 of 2017; Archana and others Versus Darshan Baldev (Died) and others by Motor Accident Claims Tribunal, Raebareli shall remain stayed till further orders

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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.

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Connect and list with F.A.F.O. No.185 of 2024.

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Order Date :- 5.9.2024 Akanksha Sri.

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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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