Insurer's appeal against a motor accident claims award; counsel questioned the factum of the accident citing delayed FIR and missing medical evidence. Court issued notice to respondents, summoned the lower court record, and stayed coercive action subject to deposit of the decretal amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 4
Case :- FIRST APPEAL FROM ORDER No. - 40 of 2024
Appellant :- National Insurance Company Ltd. Thru. Regional Manager Respondent :- Smt. Meena And 6 Others Counsel for Appellant :- Deepak Kumar Agarwal
Hon'ble Rajnish Kumar,J.
Shri Deepak Kumar Agarwal, learned counsel for the appellant submits that in regard to the alleged accident on 11.07.2016 by Bus No.UP-30-A/6228 the First Information Report was lodged on the application moved under Section 156(3) Cr.P.C. after five months, in which it was stated that the deceased and his son who was travelling with him were taken to Hospital by Ambulance, but as per the G.D.Entry annexed at page 48 the deceased was taken to hospital by his son. It has also been stated in the statement of witness that his son had also got injuries, but no injury report has been brought on record. The affidavit of son was filed in evidence, but he could not be cross examined as he had died. He further submits that the copassenger, who had appeared in evidence, though stated about the incident and that he also got injuries in the accident, but he has neither produced any medical certificate nor any claim was filed by him, therefore factum of accident is not proved and doubtful.
Matter requires consideration.
Issue notice to the respondents returnable at an early date.
Summon the Lower Court Record.
Steps to be taken within a week.
List with service report.
In case the appellant deposits the total decretal amount alongwith interest with the concerned Tribunal after adjusting
the statutory deposit made before this court within a period of four weeks from today, no coercive action shall be taken against the appellant in pursuance of the impugned judgment and award dated 07.11.2023 passed in Motor Accident Claim Petition No.02 of 2018; Smt. Meena and others Versus Ali Haider Mirza and others by the Motor Accident Claims Tribunal, Hardoi.
On deposit of the aforesaid decretal amount, it shall be invested in an interest bearing fixed deposit account in a nationalized bank initially for a period of one year with an auto renewal facility.
.......................................(Rajnish Kumar,J.)
Order Date :- 8.2.2024 Banswar
Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
National Insurance Company Ltd. Thru. Regional Manager
Smt. Meena
6 Others (co-respondents with Smt. Meena)
Rajnish Kumar
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
