Dismissed

Neetu Chauhan v. United India Insurance Company Ltd., Chennai Thru. Manager and Others

Allahabad HC9 Dec 2024FAFO/368/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an appeal challenging a claim tribunal's order holding the appellant liable for motor accident compensation. The court upheld the tribunal's finding that the appellant failed to prove valid insurance coverage on the accident date, rejecting a disputed cover note due to lack of authenticity and absence of a formal policy.

What did the court decide?

The appeal was dismissed. The statutory deposit directed to be remitted to the tribunal for adjustment in the compensation payable to the claimant-respondents.

Neetu Chauhan Vs United India Insurance Company Ltd., Chennai… — Insurance | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:82170

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Court No. - 4

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Case :- FIRST APPEAL FROM ORDER No. - 368 of 2024

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Appellant :- Neetu Chauhan Respondent :- United India Insurance Company Ltd., Chennai Thru. Manager And Others Counsel for Appellant :- Dr. Arjun Singh Counsel for Respondent :- Yogesh Kumar Mishra,Dharmendra Kumar Yadav,Prasoon Kumar Rai

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Hon'ble Rajnish Kumar,J.

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Heard Dr. Arjun Singh, learned counsel for the appellant and Shri Yogesh Kumar Mishra, learned counsel for the claimant-respondent nos. 2 to 4.

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The sole argument advanced by learned counsel for the appellant, assailing the judgment and award dated 22.02.2024 passed in Motor Accident Claim Petition No. 305 of 2014; Rajaram and others vs. United India Insurance Company Limited and others, is that the offending vehicle of the appellant was insured with the respondent no.1-United India Insurance Company Limited and the appellant had filed a cover note of the same, but without considering the same, the liability has been fastened on the appellant on the ground that the vehicle was not insured, therefore, the impugned judgment and award is not sustainable against the appellant.

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Per contra, learned counsel for the claimant-respondent nos. 2 to 4 submits that the cover note filed by the appellant has not been found valid and the vehicle of the appellant insured by the respondent no.1-insurance company and no insurance policy was filed by the appellant, therefore, the learned tribunal has rightly allowed the claim petition and the appellant has been held liable for making the payment of the awarded amount.

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Having considered the submissions of learned counsel for the parties, I have perused the material placed on record of this appeal.

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The appellant, who is owner of the offending vehicle No. MH 04 DB 0320,

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filed a copy of the cover note no. 111415 showing the insurance with effect from 17.04.2014 to the midnight of 16.04.2015. The insurance company had taken an objection that the insurance company gets his cover note printed from Muzahir, Account Department and the aforesaid cover note has not been issued either from the zonal office or from any of the regional offices. A report was also placed on record as Paper No. 35 ga to 35 ga/2 indicating that the series of the cover note no. 111415 had not been printed by the United India Insurance Company Limited and it had also not been allotted to any of the regional office. No contrary evidence could be adduced by the appellant, which may create any doubt about the same. The appellant has also not placed on record the insurance policy, which also indicates that the offending vehicle had no insurance on the date of the accident i.e. 07.05.2014 at 6 in the morning. The copy of the cover note, placed on record annexed as Annexure No. 2, also indicates that same has been issued at 4 without indicating in the morning or in the evening.

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No other ground has been pressed or argued.

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In view of above, this Court is of the view that the findings recorded by the trial court do not suffer from any illegality or error. The appeal has been filed on misconceived and baseless grounds.

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The appeal is, accordingly, dismissed .

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The amount of statutory deposit made by the appellant before this Court shall be remitted to the concerned tribunal for adjustment in compensation to be paid to the claimant-respondents under the impugned judgment and award forthwith and in any case, within 10 days from today.

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Order Date :- 9.12.2024/Raj

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

Neetu Chauhan v. United India Insurance Company Ltd., Chennai Thru. Manager and Others

Case brief

What is this about?

What did the court decide?

Neetu Chauhan v. United India Insurance Company Ltd., Chennai Thru. Manager and Others

Case brief

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