Disposed

Icici Lombard General Insurance Co. Ltd. v. Jitendra Kumar and 3 Others

Allahabad HC16 Dec 2024FAFO/2541/2024

Case brief

AI extract

What is this about?

Insurance company appeals Motor Accident Claims Tribunal award. Court admits appeal, stays operation of award pending deposit and final hearing. Directs immediate release of interim sum without security.

What did the court decide?

Stay on tribunal award subject to deposit; direction to release Rs. 3,00,000 immediately without security.

Icici Lombard General Insurance Co. Ltd. vs Jitendra Kumar and 3 Others — Allahabad HC (2024) — LawSathi Research

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Court No. - 36

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Case :- FIRST APPEAL FROM ORDER No. - 2541 of 2024

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Appellant :- Icici Lombard General Insurance Co Ltd Respondent :- Jitendra Kumar And 3 Others Counsel for Appellant :- Rahul Sahai

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Hon'ble Kshitij Shailendra,J.

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Heard learned counsel for the appellant.

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This is insurance company's appeal challenging the award passed by Motor Accident Claims Tribunal.

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It is contended that though the accident took place in 2013, the claim petition was filed in 2014, the disability certificate was issued on 24.09.2022 i.e. after nine years and PW-1, in his crossexamination, admitted that he was cultivating the land and was also working in a private company and that he remained hospitalized only for a period of eight days after accident.

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Submission is that once there was evidence to demonstrate that there was no functional disability of the injured, the Tribunal was not justified in presuming 30 % loss of earning capacity on that ground.

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Matter requires consideration.

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Admit .

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Issue notice to the opposite parties. Steps be taken within two weeks by registered speed post.

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Summon the photo-stat copy of the record of Tribunal after the amount is deposited and disbursed to the claimants in terms of this order.

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Requirement of filing formal paper book is dispensed with.

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The appeal shall be heard after perusing the record. Learned counsel shall be at liberty to refer the relevant documents from record at the time of hearing.

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Until further orders of this Court, the effect and operation of the award dated 27.08.2024 passed by Motor Accident Claim Tribunal in M.A.C.P. No. 01 of 2014 (Jitendra Kumar v. Shiv Kumar and others) shall remain stayed, provided the appellant deposits entire amount awarded by the Tribunal along with upto date interest before the Tribunal within a month from today.

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The Tribunal shall release Rs.3,00,000/- in favour of the claimants immediately on filing of an application by them, without asking for any security/surety.

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The remaining amount shall be invested by the Tribunal in any nationalized bank in the highest interest bearing security.

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Release of the remaining amount shall be subject to further orders that may be passed by this Court in the instant appeal.

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The statutory deposit of Rs.25,000/- made by the appellant before this Court shall be remitted to the Tribunal forthwith to be adjusted in the amount to be deposited by the appellant under this order.

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In case of default in depositing the amount, as directed above, the interim protection granted shall automatically stand vacated and the award shall be executed forthwith.

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List before appropriate Bench for final hearing in April, 2025.

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Order Date :- 16.12.2024 Jyotsana

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Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad

Icici Lombard General Insurance Co. Ltd. v. Jitendra Kumar and 3 Others

Case brief

What is this about?

What did the court decide?

Icici Lombard General Insurance Co. Ltd. v. Jitendra Kumar and 3 Others

Case brief

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What did the court decide?

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