Partly allowed

Pankaj Kumar Shukla and 2 Others v. Mahesh Prasad and 3 Others

Allahabad HC7 Feb 2025FAFO/276/2025

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad admitted an appeal challenging a tribunal's finding of policy breach in a motor accident case. The court entered a stay on recovery rights pending the appellants depositing security.

What did the court decide?

Stay on recovery rights granted conditional on depositing security as fixed deposit within two months.

Pankaj Kumar Shukla and 2 Others vs Mahesh Prasad… — Motor Accident Claims | Allahabad HC (2025)

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Court No. - 36

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Case :- FIRST APPEAL FROM ORDER No. - 276 of 2025

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Appellant :- Pankaj Kumar Shukla And 2 Others Respondent :- Mahesh Prasad And 3 Others Counsel for Appellant :- Aakansha Singh Chandraul,Buddha Prakash,Deepraj Singh

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Hon'ble Dinesh Pathak,J.

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It has been submitted that despite permit in favour of the vehicle owner, learned tribunal has considered the case of breach of policy, however, in the facts and circumstances, present case does not come within the category of breach of policy as enunciated under Section 50(2)(a) of the Motor Vehicle Act. Learned tribunal has returned finding on the basis of surmises and conjectures without properly appreciating the evidence on record.

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The appeal is admitted.

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Summon the lower court record.

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Issue notice to the respondents through RPAD as well as normal mode of service fixing 8.4.2025 as the date.

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Stay Application

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List this matter on 8.4.2025.

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Issue notice as observed above.

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In the meantime, both the parties are directed to exchange their respective affidavits, if any.

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The effect and operation of the judgment and award dated 30.10.2024 passed in Motor Accident Claim Petition No. 28/70 of 2022 so far as it relates to according of recovery rights to the Insurance Company shall remain stayed, provided the present appellants furnish the security of awarded amount with the tribunal within a period of two months from today other than cash or bank guarantee.

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The statutory deposit made by the appellants shall be remitted to the tribunal which shall be invested in the Fixed Deposit in any nationalised bank as may be decided by the tribunal.

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In the event, the appellants fails to deposits the security, as

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indicated above, within the stipulated period, this interim order shall stand automatically vacated and the impugned award shall become executable forthwith.

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Order Date :- 7.2.2025 vinay

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad

Pankaj Kumar Shukla and 2 Others v. Mahesh Prasad and 3 Others

Case brief

What is this about?

What did the court decide?

Pankaj Kumar Shukla and 2 Others v. Mahesh Prasad and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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