National Insurance Company Limited, Lucknow Thru… — Motor Accident Claims | Allahabad HC (2025)

National Insurance Company Limited, Lucknow Thru… — Motor Accident Claims | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Appeal admitted; trial Court record to be summoned; notice to respondents no. 1 to 7; further proceedings arising out of the award dated 23.01.2024 in MACP No. 216 of 2018 stayed till the next date of listing; appellants to bring on record other cases involving the offending vehicle.

Issue for consideration

Whether the award dated 23.01.2024 passed by the Tribunal in MACP No. 216 of 2018 is vitiated by alleged fraud, the offending motorcycle (Registration No. UP31 AQ 3092) having allegedly been used repeatedly in claim petitions filed at Lakhimpur Kheri.

Court's answer

The first appeal is admitted.

Ratio / Principle

Further proceedings arising out of the award dated 23.01.2024 in MACP No. 216 of 2018 shall remain stayed till the next date of listing.

Key takeaways

Notice to be issued to respondents no. 1 to 7, returnable at an early date.ratio¶14
By the next date, the appellants' counsel is to bring on record, by supplementary affidavit, other cases if any where the offending vehicle has been indicated.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Abdul Moin, J.) — First Appeal From Order No. 118 of 2024 filed by National Insurance Company Limited against the award dated 23.01.2024 passed by the Motor Accident Claim Tribunal, Lakhimpur Kheri in MACP No. 216 of 2018 (Sonashree and Ors v. National Insurance Co. Ltd and Ors), whereby the claim petition was allowed and compensation awarded. At the admission stage, the insurer contended that the motorcycle involved in the accident (Registration No. UP31 AQ 3092) had also featured in an earlier claim petition, MACP No. 313 of 2017 (Rama Singh v. Idrish Ali and Ors), which was dismissed for non-prosecution allegedly on account of connivance between the parties, suggesting repeated use of the offending vehicle in claim petitions at Lakhimpur Kheri and rendering the award suspicious; reliance was placed on Safiq Ahmad v. ICICI Lombard General Insurance Co. Ltd, 2022 (1) T.A.C 369 (SC), concerning fake claim petitions under the Motor Vehicle Act, 1988 and the E.C. Act, 1923. The appeal was admitted, the trial Court record was ordered to be summoned, notice was ordered to respondents no. 1 to 7, and further proceedings pursuant to the award were stayed till the next date of listing; the insurer was directed to bring on record, by supplementary affidavit, any other cases involving the offending vehicle.

Court No. - 5

Case :- FIRST APPEAL FROM ORDER No. - 118 of 2024 Appellant :- National Insurance Company Limited, Lucknow Thru. Manager / Assistant Manager Respondent :- Sonashree And Others Counsel for Appellant :- Mrs. Pooja Arora

Hon'ble Abdul Moin,J.

Heard learned counsel for the appellants and perused the supplementary affidavit filed vide application no. 03 of 2024 dated 05.12.2024.

Contention of learned counsel for the appellants is that a claim petition was filed before the learned Motor Accident Claim Tribunal, Lakhimpur Kheri (hereinafter referred to as “Tribunal”) vide MACP No. 216 of 2018 Inre; Sonashree and Ors Vs. National Insurance Co. Ltd and Ors.

The learned tribunal vide judgment and order dated 23.01.2024 has allowed the claim petition and awarded compensation.

Contention is that the vehicle involved in the said accident as emerges from a perusal of paragraph 11 of the judgment is a motorcycle having Registration No. UP31 AQ 3092.

Contention is that in the supplementary affidavit which has been filed on behalf of the appellants they have indicated that another claim petition no. 313 of 2017 Inre; Rama Singh Vs. Idrish Ali and Ors had been filed before the learned tribunal which also involved the same motorcycle having same registration number as specifically averred in paragraph 3 of the said affidavit. Thereafter, on account of connivance between the parties, the same was dismissed for non prosecution.

Contention is that there could be a possibility that a vehicle may be involved in more than one accident but the suspicious circumstances in the instant case indicates that the offending vehicle is being used

repeatedly in various claim petitions which are being filed in Lakhimpur Kheri and on account of the alleged fraud which is being committed by the claimants, the award passed by the learned tribunal itself becomes suspicious.

Learned counsel for the appellants has placed reliance on the judgment of the Apex Court in the case of Safiq Ahmad Vs. ICICI Lombard General Insurance Co. Ltd and ors- 2022 (1) T.A.C 369 (SC) with regard to filing of fake claim petitions under the provisions of Motor Vehicle Act, 1988 and E.C. Act, 1923.

Keeping in view the aforesaid discussion, the appeal is admitted.

Let the learned trial Court record be summoned.

Issue notice to the respondents no. 1 to 7 returnable at an early date.

Steps be taken within a week.

List on the date to be indicated in the notice by the office.

Till the next date of listing, the further proceedings arising out of the award dated 23.01.2024 in MACP No. 216 of 2018 Inre; Sonashree and Ors Vs. National Insurance Co. Ltd and Ors shall remain stayed.

By the next date, learned counsel for the appellants would also bring on record other cases, if any, where the offending vehicle has been indicated by means of supplementary affidavit.

Order Date :- 18.4.2025 Pachhere/-

Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench