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 to be summoned; notice issued to respondents No.2 to 8 (steps within one week); and, as interim relief mirroring FAO No.223 of 2025 and resting on the consensus at Bar with reference to the Supreme Court decision in Iffco Tokio General Insurance Co. Ltd. v. Geeta Devi (2023 INSC 954), the Tribunal's direction giving the Insurance Company liberty to recover the amount from the owner/driver of the vehicle is stayed until further orders, with the express clarification that the order shall not be construed as restraining the Insurance Company from satisfying the award. Appeal remains pending, not finally decided.

Issue for consideration

Whether the interim order passed in the parallel appeal FIRST APPEAL FROM ORDER No.223 of 2025 on 27.05.2025 - staying, until further orders, the learned Tribunal's direction giving the Insurance Company liberty to recover the amount from the owner/driver of the vehicle while expressly not restraining satisfaction of the award - should likewise be passed in the instant appeal.

Court's answer

Considering the consensus amongst the parties and the order dated 27.05.2025 passed in FIRST APPEAL FROM ORDER No.223 of 2025, it is provided that 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.

Key takeaways

First Appeal From Order No. 241 of 2025 (Akeel Ahmad and another v. New India Insurance Company Ltd.) was admitted.ratio¶2

Detailed headnote1 paragraphs

FAO 241/2025, High Court of Judicature at Allahabad, Lucknow Bench (Abdul Moin, J.), order dated 30.05.2025 - Appeal of Akeel Ahmad and another v. New India Insurance Company Ltd. (Divisional Office, Sitapur) and others admitted; trial court record summoned; notice to respondents No.2 to 8, steps within one week. On consensus at Bar, and noting the appellants' parallel already-admitted appeal FAO 223/2025 concerning the same accident - in which, considering the Supreme Court judgment in Iffco Tokio General Insurance Co. Ltd. v. Geeta Devi, 2023 INSC 954, this Court on 27.05.2025 had stayed the Tribunal's recovery-liberty direction subject to a clarification - the Court passed the same interim order herein: 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; the order is expressly not to be construed as restraining the Insurance Company from satisfying the award.

Court No. - 5

Case :- FIRST APPEAL FROM ORDER No. - 241 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