Dismissed

United India Insurance Comp. Ltd. Divisional Manager Sardar v. Smt. Rekha Devi and Ors.

Allahabad HC15 Mar 2024FAFO/286/2012

Case brief

AI extract

What is this about?

This appeal was filed by an insurance company to recover premiums from the Motor Accident Claims Tribunal award. The High Court held that the appellant failed to prove the policy violation as no evidence was adduced at the trial stage. The appeal was dismissed.

What did the court decide?

The First Appeal is dismissed. Deposit remitted to the Tribunal for disbursement.

United India Insurance Comp. Ltd. Divisional Manager… — Motor Accident Claims | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:23175

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Court No. - 4

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Case :- FIRST APPEAL FROM ORDER No. - 286 of 2012

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Appellant :- United India Insurance Comp. Ltd. Divisional Manager Sardar Respondent :- Smt. Rekha Devi And Ors. Counsel for Appellant :- Aanand Mohan,Anil Kr. Srivastava Counsel for Respondent :- Alok Kumar Tripathi

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Hon'ble Rajnish Kumar,J.

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Heard, Shri Anil Kumar Srivastava, learned counsel for the appellant and Shri Alok Kumar Tripathi, learned counsel for the claimants-respondent No.1 to 3.

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This First Appeal From Order has been filed under Section 173 of the Motor Vehicles Act, 1988 for setting aside the judgment and order dated 08.12.2011 and award dated 14.12.2011 passed by the Motor Accident Claims Tribunal, Lucknow/Court of Additional District Judge, Court No.2, Pratapgarh in M.A.C.P. Case No.238 of 2009; Smt.Rekha Devi and others Versus Ramdhan and others, by means of which the claim has been allowed.

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The sole argument advanced by learned counsel for the appellant is that the accident had occurred with the tractor alongwith which Tractor Trolley was attached, in which the passengers were being carried, therefore there was violation of the terms and conditions of the policy, therefore the appellant cannot be held liable, but the learned Tribunal has failed to give right of recovery to the Insurance Company, whereas in views of violation of the terms and conditions of the policy the Insurance Company is entitled for right of recovery.

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Per contra, learned counsel for the claimant-respondents submits that this plea was taken by the Insurance Company before the Tribunal, but the same could not be proved, therefore it has rightly been awarded against the appellant.

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Having considered the submissions of learned counsel for the parties, I have perused the records.

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The claim petition was filed on account of death of the husband of respondent no.1 in an accident occurred on 08.04.2009 at 5.p.m. at Allahabad-Faizabad Road near Yatrik Hotel, Police Station-Soraon, District-Allahabad by Sonalika Tractor No.UP-

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70-BA-2194, while the deceased was travelling on his Motorcycle bearing Registration No.UP-72-5987. The accident was proved, however the plea was taken by the Insurance Company that since the trolley was attached with the tractor and the passengers were being carried in the said tractor, therefore there was violation of the terms and conditions of the policy because the tractor was ensured only for agricultural purpose.

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Perusal of the judgment and order passed by the Tribunal indicates that though this plea was taken by the appellant and certain case laws were cited, however no evidence was adduced to prove it. The owner and driver of the tractor were also not got examined to prove it. A categorical finding has been recorded in this regard in paragraph 47 of the judgment of the Tribunal, which is extracted here-in-below:-

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The only evidence adduced by the Insurance Company, which has been relied by learned for the appellant before this court in this regard, is the Investigation report contained in paper No.35-C and evidence of D.W.-1; Rakesh Kumar Tiwari, Advocate, the investogator. Perusal of paper No.35-C and the evidence of D.W.-1 indicates that the Investigator had made the investigation only in regard to the service and income of the deceased and there is no other report.

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In view of above, the appellant could not prove that the tractor was being driven in violation of terms and conditions of the Insurance Policy at the time of accident, therefore learned Tribunal has rightly not granted the right of recovery to the appellant. The appeal has been filed on misconceived and baseless grounds and it is liable to be dismissed.

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The appeal is, accordingly, dismissed . No order as to costs.

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The amount deposited before this court towards the statutory deposit and any other amount shall be remitted to the concerned Tribunal forthwith and in any case within a period of four weeks from today for disbursement to the claimantrespondents in terms of the award.

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The lower court record shall also be sent back to the concerned Tribunal expeditiously and in any case within a period of four weeks from today.

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...................................... .(Rajnish Kumar,J.) Order Date :- 15.3.2024 Banswar

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Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench

United India Insurance Comp. Ltd. Divisional Manager Sardar v. Smt. Rekha Devi and Ors.

Case brief

What is this about?

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United India Insurance Comp. Ltd. Divisional Manager Sardar v. Smt. Rekha Devi and Ors.

Case brief

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What did the court decide?

What the court decided

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