Dismissed

Reliance General Insurance Company Ltd., Lucknow Thru. Its Manager v. Smt. Meena Dubey and Others

Allahabad HC3 Dec 2024FAFO/394/2024

Case brief

AI extract

What is this about?

The High Court dismissed the insurance company's appeal against an award in a motor accident claim. The Court held that an FIR lodged by a co-passenger and the resulting police final report cannot discredit the eyewitness evidence of a cabin passenger accepted by the Tribunal as proof of rash and negligent driving by the deceased vehicle's driver.

What did the court decide?

The appeal was dismissed; the statutory deposit remitted to the Tribunal for adjustment in payments.

Reliance General Insurance Company Ltd., Lucknow… — Motor Accident Claims | Allahabad HC (2024)

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Court No. - 4

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Case :- FIRST APPEAL FROM ORDER No. - 394 of 2024

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Appellant :- Reliance General Insurance Company Ltd., Lucknow Thru. Its Manager Respondent :- Smt. Meena Dubey And Others Counsel for Appellant :- Mahendra Kumar Mishra

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Hon'ble Rajnish Kumar,J.

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Shri Mahendra Kumar Mishra, learned counsel for the appellant while assailing the impugned judgment and award dated 21.08.2024 passed in Claim Petition No. 328 of 2021; Smt. Meena Dubey and others vs. Sri Ram Chandra Yadav and others by Motor Accident Claims Tribunal (North), DistrictLucknow submits that the claim petition has been allowed on the evidence of eyewitness-Rajesh Sharma, who appeared as P.W. 2, whereas an F.I.R. was lodged by one of the copassengers in the vehicle Innova Car alleging therein the rashness and negligence of the driver of the tractor. After investigation, the final report has been filed in the matter by the police on the ground that the tractor and driver are not traceable. P.W. 2-Rajesh Sharma is a witness in the said report and, if he had any grievance with the driver of the Innova, in which he was travelling, he would have given the evidence before the police and the police could have filed the chargesheet against the driver of the vehicle in which the deceased was travelling, thus, the submission is that the rashness and negligence of the driver of the vehicle, in which the deceased was traveling, is not proved and the learned tribunal allowed the claim petition without considering it, therefore, it is not sustainable in the eyes of law and liable to be set aside.

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Having heard the submissions of learned counsel for the appellant, I have perused the records.

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The claim petition was filed alleging that the deceased Manoj Kumar Dubey alongwith others was travelling by Innova Car No. UP 65 DT 1389 on 20.05.2021 from Sultanpur to Lucknow. At about 9 in the night, when it reached near Asroga Toll Plaza, the driver of the Innova car lost the control seeing the tractor in front of it and dashed into the tractor, in which Manoj Kumar Dubey suffered serious injuries. He was taken to K.G.M.C, Lucknow, where he was declared dead. The claim petition was contested by the appellants i.e. the insurance company and the owner by filing written statements. After considering the pleadings of the parties, four issues were framed.

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While considering the first issue in regard to the accident by the Innova Car No. UP 65 DT 1389, learned tribunal considered the evidence of eye witness P.W.2-Rajesh Sharma, who was travelling in the vehicle and sitting alongwith the driver. He deposed the negligent driving of the driver of vehicle and stated that the driver was driving at the speed of 140 km/hr and despite repeated asking, he had not lowered the speed. The driver lost control of the vehicle seeing the standing tractor and dashed into the tractor, in which the deceased had suffered serious injuries and succumbed to death. It has also been stated by him that the driver had not fastened the seat belt despite repeated asking, whereas he had fastened. The learned tribunal recorded a finding that the accident had occurred due to rash and negligent driving of the Innova after considering the aforesaid evidence and material on record. No contrary evidence or material could be shown by the appellant's counsel, which may create any doubt about the evidence of P.W. 2.

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Merely because an F.I.R. was lodged by a person, who was not travelling in the vehicle and son of a co-passenger, in which a final report has been filed as the tractor and its driver could not be traced and Rajesh Sharma is shown a witness, his evidence cannot be discarded or doubted, which has been adduced before the tribunal. It is settled law that the claim petition is to be decided in the light of the Motor Vehicle Act on the basis of evidence adduced and material placed before the tribunal and any material of the criminal proceeding cannot be relied or considered unless proved by cogent evidence. Thus, the appeal has been filed on misconceived and baseless ground.

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6. The appeal is, accordingly, dismissed .

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The statutory deposit made before this Court shall be remitted to the concerned tribunal for adjusting in the payments to be made to the claimant-respondents forthwith and in any case within a period of two weeks from today.

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Order Date :- 3.12.2024 Raj

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

Reliance General Insurance Company Ltd., Lucknow Thru. Its Manager v. Smt. Meena Dubey and Others

Case brief

What is this about?

What did the court decide?

Reliance General Insurance Company Ltd., Lucknow Thru. Its Manager v. Smt. Meena Dubey and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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