The Oriental Insurance Company Ltd., Lucknow Thru. Manager, Legal Hub v. Sandeep Srivastava and 2 Others

Allahabad HC12 Dec 2024FAFO/406/2024

Case brief

AI extract

What is this about?

This First Appeal order admits the matter, issues notice, summons the record, and stays coercive action against the appellant insurance company subject to depositing the decretal amount with interest into a fixed deposit account pending further orders.

What did the court decide?

Coercive action stayed subject to deposit of decretal amount and interest in a fixed deposit account for one year.

The Oriental Insurance Company Ltd., Lucknow… — Execution and Attachment | Allahabad HC (2024)

¶1

Court No. - 4

¶2

Case :- FIRST APPEAL FROM ORDER No. - 406 of 2024

¶3

Appellant :- The Oriental Insurance Company Ltd., Lucknow Thru. Manager, Legal Hub Respondent :- Sandeep Srivastava And 2 Others Counsel for Appellant :- Satyajit Banerji

¶4

Hon'ble Rajnish Kumar,J.

¶5

Heard, Shri Satyajit Banerji, learned counsel for the appellant.

¶6

Sri Satyajit Banerji, learned counsel for the appellant submits that the F.I.R. was lodged against the driver of the vehicle No.U.P. 30 T 3290 and the charge-sheet was also filed against the same. The Investigating Officer appeared as P.W.3,who admitted that number of the vehicle is U.P.30 T 3290 in the FIR and charge sheet, however the vehicle owner had mentioned the vehicle number as U.P.33 T 3298 in his release application and the driver Manish Kumar got himself released. Thus the involvement of vehicle is doubtful. He further submits that as per description of the accident given by the driver of the vehicle, who appeared as D.W.1, there was a cut in the divider and while turning, the accident had occurred, whereas, as per site plan there was no cut at the place where the accident had occurred, therefore, there was collusion between the ownerdriver and the claimant-respondents. He further submits that the learned tribunal has allowed the expenditure incurred in the treatment on the basis of bills without prescription of the registered doctor or physician as such the award is on the higher side.

¶7

The matter requires consideration.

¶8

Admit.

¶9

Issue notice.

¶10

Summon the lower court record.

¶11

Steps to be taken within a week.

¶12

In case the appellant deposits the total decretal amount alongwith interest till the date of deposit with the concerned Tribunal, no coercive action shall be taken against the appellant in pursuance of the impugned judgment and award dated 04.09.2024/ 07.09.2024 passed in Claim Petition No.57/2021 (Sandeep Srivastava versus Sunil Kumar Sharma and others) by

¶13

the Motor Accident Claims Tribunal(South), Lucknow.

¶14

On deposit of the aforesaid amount by the appellant, the same 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.

¶15

Connect and list with F.A.F.O. No.404 of 2024 with service report.

¶16

...................................................................(Rajnish Kumar, J.) Order Date :- 12.12.2024 Haseen U.

¶17

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

The Oriental Insurance Company Ltd., Lucknow Thru. Manager, Legal Hub v. Sandeep Srivastava and 2 Others

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Company Ltd., Lucknow Thru. Manager, Legal Hub v. Sandeep Srivastava and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

The Oriental Insurance Company Ltd., Lucknow Thru. Its Manager vs Manoj Kumar Srivastava and Others

Ram Dayal and Others vs Deputy Director of Consolidation, Sultanpur and 8 Others

Anvar Mansoori and 5 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Viplab Kumar vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Gramya Vikas Lko and 5 Others

Fehmida Khatoon vs State of U.P. Thru. Prin. Secy. Deptt. Revenue Lko. and 2 Others

Hawelia Builders Pvt. Ltd. Gautam Budh Nagar Thru. Its Director vs Anupam Srivastava and Another