Disposed

United India Insurance Co. Ltd. Lko. Thru. Manager v. Smt. Sukhwanti Devi and 8 Others

Allahabad HC18 Oct 2024FAFO/330/2024

Case brief

AI extract

What is this about?

Insurance company appeals a motor accident compensation award, arguing the eye-witness evidence is contradictory and the offending vehicle was falsely implicated. The court admits the appeal, orders notice and summons tribunal records, staying the award pending deposit of the decreetal amount.

What did the court decide?

Appeal admitted; impugned award stayed subject to appellant depositing decreetal amount with interest in six weeks with tribunal.

United India Insurance Co. Ltd. Lko. Thru. Manager… — Motor Accident Claims | Allahabad HC (2024)

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Court No. - 4

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Case :- FIRST APPEAL FROM ORDER No. - 330 of 2024

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Appellant :- United India Insurance Co. Ltd. Lko. Thru. Manager Respondent :- Smt. Sukhwanti Devi And 8 Others Counsel for Appellant :- Deepak Kumar Agarwal

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Hon'ble Rajnish Kumar,J.

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Shri Deepak Kumar Agarwal, learned counsel for the appellant, while assailing the impugned judgment and award, submits that the evidence of PW-2, who appeared as an eye witness, can not be said to be reliable because he has given contradictory statement in examination-in-chief and cross examination. As per his statement, the offending vehicle had stopped and the police had also come on the spot but the vehicle was not seized. The F.I.R. also does not indicate that the vehicle was on the spot, when the police personal reached there. It is also very strange that the counsel of the deceased has also reached on the spot immediately after accident as deposed by him, whereas it is not mentioned even in F.I.R. Thus, the submission is that the offending vehicle has falsely been implicated in the case, therefore the appellant is not liable to pay compensation. Even otherwise, the submission is that the award has been made without making necessary deductions and allowing interest on the future prospects, which could not have been allowed.

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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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In case the appellant deposits the total decreetal amount alongwith interest within six weeks from today with the

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concerned tribunal, the impugned judgment and award dated 15.06.2024 passed in Motor Accident Claim Petition No.85 of 2015; Smt. Sukhwanti Devi & Others Vs. Muneshwar Prasad Yadav & Others, by learned Motor Accident Claims Tribunal, Pratapgarh, shall remain stayed till the next date of listing.

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On deposit of the aforesaid amount by the appellants, the same shall be kept 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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...................................................................(Rajnish Kumar, J.)

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Order Date :- 18.10.2024 Haseen U.

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

United India Insurance Co. Ltd. Lko. Thru. Manager v. Smt. Sukhwanti Devi and 8 Others

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd. Lko. Thru. Manager v. Smt. Sukhwanti Devi and 8 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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