National Insurance Company Ltd., Lucknow Thru. Regional Manager v. Neetu Singh and Others

Allahabad HC5 Apr 2024FAFO/96/2024

Case brief

AI extract

What is this about?

Insurer's appeal against motor accident award challenging contributory negligence assessment of the deceased scooterist. Court admitted the appeal, issued notice, summoned lower court record, and directed conditional deposit of decretal amount with partial release to claimants.

What did the court decide?

Appeal admitted; notice issued; coercive action stayed subject to deposit of decretal amount within six weeks; Rs.20 lakhs releasable, balance in fixed deposit.

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

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Court No. - 5

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Case :- FIRST APPEAL FROM ORDER No. - 96 of 2024

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Appellant :- National Insurance Company Ltd., Lucknow Thru. Regional Manager Respondent :- Neetu Singh And Others Counsel for Appellant :- Satyajit Banerji Counsel for Respondent :- Mukesh Singh

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Hon'ble Rajnish Kumar,J.

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Heard, Shri Satyajit Banerji, learned counsel for the appellant and Shri Mukesh Singh, learned counsel for the claimantrespondents no.1 to 5.

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Learned counsel for the appellant submits that the deceased was going with Scooty at the time of accident. The documents of registration and Driving Licence were not filed and it is admitted case that the Scooty was not insured. He further submits that the accident occurred on account of contributory negligence of the driver of the Scooty which is apparent from the site plan and a finding has also been recorded to this effect, however only 25% contributory negligence of the deceased has been determined, whereas the accident was on account of head on collusion, therefore at least 50% contributory negligence should have been determined. He further submits that the CCTV footage was produced in regard to the accident, but the number of the offending vehicle is not clear in the CCTV footage, therefore there is also a doubt of accident by the offending vehicle. He relies on a judgement in the case of Narinder Singh Versus New India Assurance Company Ltd. passed in Civil Appeal No.8463 of 2014 by the Hon'ble Supreme Court .

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Per contra, learned counsel for the claimant/respondents submits that even if the driver was not having the driving licence and other documents not filed, it cannot be a ground for holding that there was any contributory negligence of the vehicle in question without proof that he was driving rashly and negligently. In this regard he relies on a Judgment of the Hon'ble Supreme Court, in the case of Sudhir Kumar Rana Versus Surinder Singh and others passed in Civil Appeal No.3321 of 2008 . He further submits that the site plan, unless proved by the cogent evidence, cannot be relied. In this regard he relies on a Division Bench judgment of this court in the case of Prabandhak, U.P.Rajya Sadak Privahan Nigam Versus Rabia Begum and others; 2015(4) T.A.C. 476 (All.) .

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Matter requires consideration.

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Admit.

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Issue notice to the respondents No.6 and 7 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 alongwith interest with the concerned Tribunal after adjusting the statutory deposit made before this court within a period of six weeks from today, no coercive action shall be taken against the appellant in pursuance of the impugned judgment and award dated 23.01.2024 passed in Motor Accident Claim Petition No.58 of 2018; Neetu Singh and others Versus National Insurance Company Limited and others by the Motor Accident Claims Tribunal, Faizabad (Ayodhya).

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After deposit of the aforesaid amount, Rs.20 lakhs shall be released in favour of the respondents no.1, 4 and 5 in terms of the award. The remaining amount 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.

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........................................ .(Rajnish Kumar,J.)

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Order Date :- 16.4.2024 Banswar

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Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench

National Insurance Company Ltd., Lucknow Thru. Regional Manager v. Neetu Singh and Others

Case brief

What is this about?

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National Insurance Company Ltd., Lucknow Thru. Regional Manager v. Neetu Singh and Others

Case brief

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