Disposed

National Insurance Company Ltd. Thru. Its Regional Manager v. Mohini Verma and 5 Others

Allahabad HC13 Nov 2024FAFO/66/2024

Case brief

AI extract

What is this about?

The court issued an interim order in a first appeal against a Memorandum of Award dated 02.12.2023. The appellant seeks to set aside the Tribunal's order. The court admitted the appeal, issued notice, and directed the deposit of the award amount to stay operations, allowing 50% release with security.

What did the court decide?

Stay of award operated upon deposit of Rs.25,000/; notice issued to respondents; record summoned.

National Insurance Company Ltd. Thru. Its Regional… — Motor Accident Claims | Allahabad HC (2024)

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Court No. - 29

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Case :- FIRST APPEAL FROM ORDER No. - 66 of 2024

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Appellant :- National Insurance Company Ltd. Thru. Its Regional Manager Respondent :- Mohini Verma And 5 Others Counsel for Appellant :- Vaibhav Raj

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard learned counsel for the appellant.

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Present appeal has been filed for the following relief:

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"Wherefore this Hon'ble Court may graciously be pleased to set aside the order dated 2.12.2023 passed in Motor Accident Case no.726 of 2015 by the Motor Accident Claim Tribunal (South) Lucknow (Mohini Verma & Others Vs Suresh Kumar Yadav & Others), in the interest of justice."

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Contention of learned counsel for the appellant is that for the same accident, two claim petitions have been filed and in both the claim petitions, place of incident was shown to be different and there is a distance of about 8 Km between both the places of accident. It is further submitted by learned counsel for the appellant that admittedly the accident was caused because of sudden jumping of nilgai infront of the offending vehicle, therefore, it is not the case of the negligence and the case at the most could have been filed u/s 164 of Motor Vehicles Act, 1988 and maximum amount which the claimant would be entitled is Rs.5 lakhs.

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Matter requires consideration.

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Admit.

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Issue notice to the respondents.

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Office is directed to summon the record of learned Tribunal.

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List after three weeks.

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Till the next date of listing, operation and effect of the award dated 02.12.2023 passed by the Motor Accident Claim Tribunal (South), Lucknow in Motor Accident Case No.726 of 2015, shall remain stayed, provided the appellant will deposit the entire amount before the learned Tribunal.

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It is further directed that the learned Tribunal will release half of the amount in favour of the claimantappellant, 50% with security and 50% without security and remaining half of the amount shall be kept in interest earning scheme and shall not be released without the leave of this court.

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Amount of Rs.25,000/- deposited along with this appeal shall be remitted to learned Tribunal and same shall be adjusted towards the liability of appellant.

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Order Date :- 1.3.2024 S.Chaurasia

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

National Insurance Company Ltd. Thru. Its Regional Manager v. Mohini Verma and 5 Others

Case brief

What is this about?

What did the court decide?

National Insurance Company Ltd. Thru. Its Regional Manager v. Mohini Verma and 5 Others

Case brief

What is this about?

What did the court decide?

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