The Oriental Insurance Company Ltd. Thru. the Regional Manager Oriental Insurance Company Ltd. Vs Shiv Narayan and 2 Others

Perused the affidavit accompanying the delay condonation application and find that sufficient cause has been made out for condoning the delay in filing the appeal .

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Accordingly, the delay in filing the appeal is condoned.

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The delay condonation application is allowed.

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Order on the Appeal

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Heard learned counsel for the appellant and perused record.

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This First Appeal From Order has been filed by the appellantInsurance Company against the judgment dated 19.09.2022 and the award dated 03.10.2022 passed by the Presiding Officer, Motor Accident Claims Tribunal, Lakhimpur-Kheri in M.A.C.T. Claim Case No.198 of 2011.

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The facts of the case are that an accident had occurred on 01.03.2010 while the claimants were going to Lillautinath on the motorcycle belonging to Suresh. The claimant Shiv Narayan and

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FAFOD No. 2 of 2023

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2

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Suresh after stopping at Government Tap/Faucet at the turning point of Pipra Maroda and started urinating, then suddenly from the opposite direction at about 01.30 p.m., Gunjeshwar Prasad along with Munish came on their Motor Cycle No. UP 31 P-7773 and hit their motorcycle and ran away due to which the claimant Shiv Narayan received grievous injuries. He sustained injuries on his leg, hand and face and became unconscious. The claimant was got admitted in District Hospital, Lakhimpur-Kheri and treated there for about three months and thereafter his treatment had undergone at Ram Manohar Lohia Hospital, Lucknow and ultimately he was declared physically disabled.

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The claimants thereafter filed a Claim Petition No. 198 of 2011; Shiv Narayan Vs. Gunjeshwar Prasad and others before the Motor Accident Claim Tribunal, Lakhimpur-Kheri. The learned Tribunal vide order dated 19.09.2022 was pleased to direct payment of compensation of Rs.3,60,500/- along with interest at the 7.5% p.a. from 14.04.2015 to the claimants. Since the vehicle was insured with the appellant company, the appellant was directed to pay the compensation and recover the same from the owner of the vehicle. It is further submitted by learned counsel for the appellant that no appeal has been filed by the owner of the vehicle and thus the order passed by the Motor Accident Claims Tribunal has attained finality. Learned counsel for the appellant further submits that so far as the impugned judgment and award is concerned, he is not pressing the appeal on merits. He confines his prayer only to the extent to recover the said amount from the owner of the vehicle.

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Learned counsel for the appellant further submits that the Full Bench of this Court in the case of United India Insurance Company Limited Vs. Smt. Shashi Prabha Sharma reported in AIR 2015 ALL 167 (FB)/215 ACJ 2161, has laid down certain guidelines for payment and recovery of compensation from the owner of the vehicle.

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In terms of the guidelines laid in the matter United India Insurance Company Limited (Supra) , the instant appeal stands disposed of .

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The learned Tribunal is directed to release the amount of

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FAFOD No. 2 of 2023

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compensation along with interest in terms of the judgment in the case of United India Insurance Company Limited (Supra) , in favour of the claimants within a period of four weeks from the date a certified copy of this order is produced before the learned Tribunal.

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November 27, 2025

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Arjun/-

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(Prashant Kumar,J.)

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

The Oriental Insurance Company Ltd. Thru. the Regional Manager Oriental Insurance Company Ltd. v. Shiv Narayan and 2 Others

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The Oriental Insurance Company Ltd. Thru. the Regional Manager Oriental Insurance Company Ltd. v. Shiv Narayan and 2 Others

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