Disposed

National Insurance Company Limited Hazratganj Lko. Thru. Regional Manager v. Neeraj Kumar and 2 Others

Allahabad HC1 Mar 2024FAFO/67/2024

Case brief

AI extract

What is this about?

In this interim order, the court directed that the appellant deposit the total decretal amount with interest to stay the impugned judgment of the Motor Accident Claims Tribunal. The court issued notice to respondents and summoned the lower court record for further consideration regarding the validity of the accident proof.

What did the court decide?

Stay granted on deposit of decretal amount with interest within four weeks; notice issued; lower court record summoned.

National Insurance Company Limited Hazratganj Lko… — Motor Accident Claims | Allahabad HC (2024)

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Court No. - 4

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Case :- FIRST APPEAL FROM ORDER No. - 67 of 2024

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Appellant :- National Insurance Company Limited Hazratganj Lko. Thru. Regional Manager Respondent :- Neeraj Kumar And 2 Others Counsel for Appellant :- Vaibhav Raj

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Hon'ble Rajnish Kumar,J.

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Sri Govind Chaturvedi,Advocate holding brief of Sri Vaibhav Raj, learned counsel for the appellant while assailing the judgment and award dated 02.12.2023 passed in Motor Accident Claim Petition No.555 of 2016(Neeraj Kumar versus Jitendra Kumar & others) by the Motor Accident Claims Tribunal (South), Lucknow submits that the factum of accident by Jeep No.U.P.32 CZ 8353 could not be proved, even then the claim has been allowed. In this regard, he submits that two claim petitions were filed in regard to one and the same accident on 13.06.2015.In the present case, it has been stated that the vehicle had smashed a tree, whereas in the other claim petition No.726 of 2015(Mohini Verma and others versus Suresh Kumar Yadav and others) it was stated that the vehicle had colluded with a Neel Gaay.

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He further submits that the so called eye witness Harvansh Kumar has given evidence on the behest of Ankit Verma, who is claimant in Motor Accident Claim Petition No726 of 2015, as admitted by him in his evidence on oath. He also stated that he was standing with his motor cycle at about 1 km. prior to the place of accident, therefore he could not have seen the accident. He also stated that he had not heard any sound of accident. Thus, the submission is that he was not an eye witness and the accident could not be proved. He also submits that the owner of the vehicle had also filed an affidavit to the effect that the accident had not occurred from his vehicle and his vehicle has falsely been implicated on the basis of the F.I.R. lodged after two days.

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The matter requires consideration.

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Issue notice to the respondents returnable at an early date.

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Summon the lower court record.

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Steps to be taken within a week.

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List with service report.

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In case the appellant deposits the total decretal amount

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alongwith interest with the concerned Tribunal after adjusting the statutory deposit made before this court within a period of four weeks from today,the operation and implementation of the impugned judgment and award dated 02.12.2023 passed in Motor Accident Claim Petition No.555 of 2016(Neeraj Kumar versus Jitendra Kumar & others) by the Motor Accident Claims Tribunal (South), Lucknow shall remain stayed.

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On deposit of the aforesaid amount by the appellant, the same shall be kept in an interest bearing fixed deposit account in a nationalized bank initially for a period of one year with an auto renewal facility.

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Order Date :- 1.3.2024 Akanksha

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

National Insurance Company Limited Hazratganj Lko. Thru. Regional Manager v. Neeraj Kumar and 2 Others

Case brief

What is this about?

What did the court decide?

National Insurance Company Limited Hazratganj Lko. Thru. Regional Manager v. Neeraj Kumar and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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