Akeel Ahmad and Another vs New India Insurance Company Ltd. Thru. Divisional Manager Division Office Sitapur and 4 Others — Allahabad HC (2025) — LawSathi Research

Akeel Ahmad and Another vs New India Insurance Company Ltd. Thru. Divisional Manager Division Office Sitapur and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal admitted; Trial court record summoned; notice issued to respondents No.2 to 8 with steps to be taken within one week; and, until further orders, the direction of the learned Tribunal giving liberty to the Insurance Company to recover the amount from the owner/driver of the vehicle shall remain stayed, with the clarification that the order does not restrain the Insurance Company from satisfying the award.

Issue for consideration

Whether the same interim order as passed on 27.05.2025 in First Appeal From Order No.223 of 2025 (staying the learned Tribunal's direction giving liberty to the Insurance Company to recover the amount from the owner/driver of the vehicle) should also be passed in the instant appeal. +1 more

Court's answer

On the consensus of the parties and the order dated 27.05.2025 passed in First Appeal From Order No.223 of 2025, the same interim order is passed in the instant appeal: until further orders, the direction of the learned Tribunal giving liberty to the Insurance Company to recover the amount from the owner/driver of the vehicle shall remain stayed.

Ratio / Principle

This order shall not be construed as if this Court has restrained the Insurance Company to satisfy the award.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Hon'ble Abdul Moin, J.), First Appeal From Order No. 235 of 2025 - Akeel Ahmad and Another v. New India Insurance Company Ltd. and others; order dated 30.05.2025. The appeal was admitted, the Trial court record was summoned and notice was issued to respondents No.2 to 8 (steps within one week). Noting the consensus at Bar that, for the same accident, the appellants had already filed First Appeal From Order No.223 of 2025 - which stands admitted, with an order dated 27.05.2025 staying until further orders the learned Tribunal's direction giving liberty to the Insurance Company to recover the amount from the owner/driver of the vehicle, passed considering the Supreme Court judgment in Iffco Tokio General Insurance Co. Ltd. vs Geeta Devi & Ors : 2023 INSC 954 - and on the joint request of counsel, the same order was passed in the instant appeal: until further orders, the Tribunal's recovery-liberty direction remains stayed, with the express clarification that the order shall not be construed as restraining the Insurance Company from satisfying the award.

Court No. - 5

Case :- FIRST APPEAL FROM ORDER No. - 235 of 2025

Appellant :- Akeel Ahmad And Another Respondent :- New India Insurance Company Ltd. Thru. Divisional Manager Division Office Sitapur And 4 Others Counsel for Appellant :- Aman Kumar Shrivastav Counsel for Respondent :- Zafar Aziz

Hon'ble Abdul Moin,J.

1 . Heard learned counsel for the appellants, and Shri Zafar Aziz, learned counsel for the respondent.

2 . Admit.

3 . Let Trial court record be summoned.

4 . Issue notice to the respondents No.2 to 8. Steps to be taken within a period of one week.

5 . There is consensus at Bar that with respect to the same accident, the appellants have also approached this Court by filing FIRST APPEAL FROM ORDER No.223 of 2025 In Re Akeel Ahmad And Another vs New India Insurance Company which appeal has been admitted and considering the judgment of the Hon'ble Supreme Court in the case of Iffco Tokio General Insurance Co. Ltd. vs Geeta Devi & Ors : 2023 INSC 954 this Court has stayed until further orders direction of the learned Tribunal giving liberty to the Insurance Company to recover the amount from the owner/driver of the vehicle but it has also been clarified that the order shall not be construed as if the Court has restrained the Insurance Company to satisfy the award.

6 . Learned counsels for the parties states that same order may also be passed in the instant case. Accordingly, considering the consensus amongst the parties and the order dated 27.05.2025 as passed by this Court in the aforesaid case, it is provided that until further orders, direction of the learned Tribunal giving liberty to the Insurance Company to recover the amount from the owner/driver of the vehicle

shall remain stayed.

7 . This order shall not be construed as if this Court has restrained the Insurance Company to satisfy the award.

Order Date :- 30.5.2025

prateek

Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench