National Insurance Company Ltd. Thru. Manager (Legal) Regional Office,Lucknow v. Smt. Mohni Mishra and Others

Allahabad HC9 Jul 2024FAFO/192/2024

Case brief

AI extract

What is this about?

Insurer's first appeal against an award by MACT (North), Lucknow in a fatal motor accident claim, where two claim petitions over the same accident produced contradictory findings on fault. Appeal admitted, notice issued, lower court record summoned; execution of the award stayed subject to deposit of the decretal amount.

What did the court decide?

Appeal admitted and notice issued; award dated 30.03.2024 stayed till next listing subject to appellant depositing decretal amount with interest within four weeks.

National Insurance Company Ltd. Thru. Manager (Legal) Regional… — Insurance | Allahabad HC (2024)

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Court No. - 6

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Case :- FIRST APPEAL FROM ORDER No. - 192 of 2024

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Appellant :- National Insurance Company Ltd. Thru. Manager (Legal) Regional Office,Lucknow Respondent :- Smt. Mohni Mishra And Others Counsel for Appellant :- Shashank Srivastava

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Hon'ble Rajnish Kumar,J.

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Supplementary affidavit filed by learned counsel for the appellant is taken on record.

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Shri Shashank Srivastava, learned counsel for the appellant submits that in the incident of 31.12.2012, two persons namely, Arvind Mishra and Amit Kumar had died.

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On account of death of Arvind Mishra, the Motor Accident Claim Petition No. 397 of 2013 filed by his legal heirs before the Motor Accident Claims Tribunal, Barabanki alleging that Arvind Mishra was going with motorcycle bearing registration no. U.P. 32-E.K./6080, when Amit Kumar, who was driving the motorcycle bearing registration no. U.P. 32-E.M./7566, hit the motorcycle of Arvind Mishra from the back side. The claim petition was allowed by means of the judgment and award dated 20.07.2017 and the awarded amount has been paid by the appellant-insurance company.

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He further submits that the Motor Accident Claim Petition No. 109 of 2013 was filed by legal heirs of Amit Kumar before the Motor Accident Claims Tribunal (North), Lucknow claiming that the driver of motorcycle bearing registration no. U.P. 32E.K./6080 namely Arvind Mishra hit the motorcycle of Amit Kumar. The concerned Tribunal held Arvind Mishra responsible for the accident and allowed the compensation. Therefore, on contrary pleas, contrary findings have been recorded in regard to one and the same accident and the compensation has been awarded. Therefore, the appellant has to approach this Court.

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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 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 and award dated 30.03.2024 passed by the Motor Accident Claims Tribunal (North), Lucknow in Motor Accident Claim Petition No.109 of 2013; Smt. Mohni and others Versus Vishnu Narayan Pandey and others shall remain stayed till the next date of listing.

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The aforesaid 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.

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List with service report.

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Order Date :- 22.8.2024/Raj

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Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

National Insurance Company Ltd. Thru. Manager (Legal) Regional Office,Lucknow v. Smt. Mohni Mishra and Others

Case brief

What is this about?

What did the court decide?

National Insurance Company Ltd. Thru. Manager (Legal) Regional Office,Lucknow v. Smt. Mohni Mishra and Others

Case brief

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