Disposed

The National Insurance Company Ltd. Thru. Regional Manager Lko. v. Ramnath and Others

Allahabad HC7 Mar 2024FAFO/75/2024

Case brief

AI extract

What is this about?

First Appeal challenging an award of Rs. 12,79,600/- by the Motor Accident Claims Tribunal. The Court noted a discrepancy between the FIR date (11.01.2016 06:30 pm) and admission time (07:30 am) and issued notice to respondents.

What did the court decide?

Notice issued to respondents; award stayed pending 50% deposit; list after three weeks.

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

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Court No. - 20

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Case :- FIRST APPEAL FROM ORDER No. - 75 of 2024

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Appellant :- The National Insurance Company Ltd. Thru. Regional Manager Lko. Respondent :- Ramnath And Others Counsel for Appellant :- Satyajit Banerji

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Hon'ble Manjive Shukla,J.

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This First Appeal From Order has been filed challenging therein order dated 7.10.2023 passed by the Motor Accident Claims Tribunal, Raebareli whereby an amount of Rs. 12,79,600/- along with interest has been awarded in favour of the claimants-respondents.

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Learned counsel appearing for the appellant has invited attention of this Court towards the contents of F.I.R. lodged in respect of the accident in question wherein the date and time of accident has been shown to be 11.01.2016 at 06:30 p.m. whereas in the post mortem report, it is mentioned that the deceased was admitted in the hospital on 11.01.2016 at about 07:30 a.m. Learned counsel appearing for the appellant, on the basis of the aforesaid submissions has submitted that the factum of accident becomes doubtful in view of the aforesaid contradictions.

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Matter requires consideration.

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Issue notice to Respondents No. 1 to 6 returnable within a period of three weeks.

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In the meantime, it is provided that if appellant deposits 50% of the awarded amount along with up to date interest under award dated 7.10.2023 passed in M.A.C.P. No. 351 of 2017 before the Motor Accident Claims Tribunal, Raebarelli, within six weeks, the operation and implementation of the award dated 7.10.2023 shall remain stayed till further orders of the Court.

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It is further provided that Motor Accident Claims Tribunal, Raebarelli shall release 50% of the deposited amount to respondents-claimants as per terms of the award after completion of all the formalities under the award, within a period of six weeks from the date of deposite of the aforesaid amount.

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Let the record of Motor Accident Claims Tribunal regarding

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M.A.C.P. No. 351 of 2017 be summoned on the expense of the appellant.

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List after three weeks.

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Order Date :- 19.3.2024 A. Mandhani

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

The National Insurance Company Ltd. Thru. Regional Manager Lko. v. Ramnath and Others

Case brief

What is this about?

What did the court decide?

The National Insurance Company Ltd. Thru. Regional Manager Lko. v. Ramnath and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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