National Insurance Company Limited Thru. Its Manager /Assistant Manager Lucknow v. Ramu and 5 Others

Allahabad HC10 May 2024FAFO/26/2024

Case brief

AI extract

What is this about?

Admission-stage order in an insurance appeal against a motor accident claim award. The appellant insurer contends the tanker driver lacked the required hazardous-vehicle endorsement under Rule 9(3) of the Central Motor Vehicle Rules, 1989 and that the deceased was a gratuitous passenger. Appeal admitted, notice issued, trial court record summoned.

What did the court decide?

Appeal admitted; notice issued; stay of impugned order subject to deposit of decretal amount with interest within four weeks.

National Insurance Company Limited Thru. Its Manager /Assistant… — Insurance | Allahabad HC (2024)

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Court No. - 5 Case :- FIRST APPEAL FROM ORDER No. - 26 of 2024 Appellant :- National Insurance Company Limited Thru. Its Manager /Assistant Manager Lucknow Respondent :- Ramu And 5 Others Counsel for Appellant :- M rs. Pooja Arora

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Hon'ble Rajnish Kumar,J.

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Heard Mrs. Mrs. Pooja Arora, learned counsel for the appellant.

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It is submitted by the learned counsel for the appellant that the accident had occurred by the Tanker No. U.P. 53 AT 0985 and the driver of the tanker requires endorsement of hazardous vehicle on the license under Rule 9 (3) of the Central Motor Vehicle Rules, 1989. There was no endorsement on the license of the tanker, therefore, the appellant-Insurance Company is not liable to satisfy the award. She further submits that the deceased was sitting in the tanker and he was gratuitous passenger, as he was neither the cleaner nor the authorized representative of the owner of the tanker, who was sitting with the driver of the vehicle. She further submits that in regard to accident in question, an award made against the insurance company was challenged in First Appeal From Order No. 79/2014 " National Insurance Vs. Smt. Madhurima Singh and others", which was partly allowed giving right of recovery to the Insurance Company but the learned Tribunal has failed to consider the aforesaid aspects, therefore, the same is not sustainable in the eyes of law.

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The matter requires consideration.

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Admit.

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Issue notice to the respondents returnable at an early date.

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Summon the trial 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 awarded vide order dated 12.10.2023 by the Motor Accident Claims Tribunal, Barabanki in Claim Petition No.533 of 2011 within a period of four weeks from today with the concerned Tribunal, the operation and implementation of the impugned order shall remain stayed till the next date of listing.

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The amount deposited by the appellant shall be kept in maximum 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 immediately after receipt of the Trial Court Record. Order Date :- 10.5.2024 A nuj S ingh

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Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

National Insurance Company Limited Thru. Its Manager /Assistant Manager Lucknow v. Ramu and 5 Others

Case brief

What is this about?

What did the court decide?

National Insurance Company Limited Thru. Its Manager /Assistant Manager Lucknow v. Ramu and 5 Others

Case brief

What is this about?

What did the court decide?

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