Cholamadalam Ms General Insurance Company Ltd. Thru. Manager Office Lko. vs Vandana Yadav and 2 Others — Allahabad HC (2025) — LawSathi Research

Cholamadalam Ms General Insurance Company Ltd. Thru. Manager Office Lko. vs Vandana Yadav and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal admitted; lower court record to be summoned and matter listed for 17.12.2025; interim stay of operation of impugned judgment and award conditional on appellant depositing the entire amount before the Tribunal, after adjusting the statutory amount, if any, within six weeks; claimants permitted to withdraw fifty percent of the deposited amount on furnishing an indemnity bond; remaining half to be kept in FDR of a nationalized bank or interest-bearing account renewable annually during pendency; non-compliance voids the benefit of the order.

Issue for consideration

Whether the first appeal from order against the Tribunal's judgment and award should be admitted for consideration. +2 more

Court's answer

The instant first appeal from order is admitted for consideration.

Ratio / Principle

Interim measure: operation of the impugned judgment and award passed by the Tribunal shall remain stayed, provided the appellant deposits the entire amount before the Tribunal, after adjusting the statutory amount, if any, within six weeks.

Key takeaways

The claimants are at liberty to seek withdrawal of fifty percent of the deposited amount by moving a proper application before the Tribunal, which may consider the application on their furnishing an indemnity bond.ratio¶¶25
The remaining half of the deposited amount shall be kept in the form of an FDR issued by a nationalized bank or some interest bearing account, initially for a period of one year and subsequently renewable from year to year during pendency of the appeal.ratio¶¶25
If the appellant fails to comply with the order, the benefit of the order shall not be available to it and the Tribunal may proceed in accordance with law.

Detailed headnote1 paragraphs

Allahabad HC, Lucknow Bench (Court No. 19) — First Appeal From Order No. 281 of 2025 — appellant Cholamadalam Ms General Insurance Company Ltd. Thru. Manager Office Lko. (counsel Prashant Tripathi) v. Vandana Yadav and 2 others (counsel Rajesh Trivedi) — decided October 31, 2025 by Hon'ble Ram Manohar Narayan Mishra, J. Appeal admitted against judgment dated 27.03.2025 and award dated 16.04.2025 of the Motor Accident Claims Tribunal, Lucknow (North) in MACP No. 888 of 2015, whereby Rs.30,13,992.24/- was awarded to the claimants against respondent nos. 1 and 3 and the appellant Insurance Company (tribunal respondent no. 3) was directed to deposit it. At admission, appellant counsel raised: (i) FIR of the accident lodged after a delay of fifteen days; and (ii) income of the deceased not proved, the Tribunal having ascertained it without cogent reasons; respondents countered that the income was rightly taken on the basis of the average of two years' Income Tax Return. The court deferred the substance ('Matter requires consideration'), admitted the appeal, ordered summoning of the lower court record and listing for 17.12.2025. Interim directions: operation of the impugned judgment and award to remain stayed provided the appellant deposits the entire amount before the Tribunal, after adjusting the statutory amount, if any, within six weeks, failing which the benefit of the order lapses and the Tribunal may proceed in accordance with law; claimants may seek withdrawal of fifty percent of the deposited amount by application before the Tribunal on furnishing an indemnity bond; the remaining half to be kept in FDR of a nationalized bank or interest-bearing account, initially for one year, renewable annually during pendency of the appeal.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

FIRST APPEAL FROM ORDER No. - 281 of 2025

Cholamadalam Ms General Insurance Company Ltd. Thru. Manager Office Lko.

.....Appellant(s)

Versus

Vandana Yadav And 2 Others

.....Respondent(s)

Counsel for Appellant(s) : Prashant Tripathi
Counsel for Respondent(s) : Rajesh Trivedi

Court No. - 19

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard.

Learned counsel for the appellant submits that the amendment has been incorporated in memo of appeal in compliance of order dated 16.07.2025 and the defects have been removed.

Heard learned counsel for the appellant on question of admission of appeal.

Instant FAFO has been preferred against the judgment dated 27.03.2025 and award dated 16.04.2025 passed by learned Motor Accident Claims Tribunal, Lucknow (North) (in short "Tribunal") in MACP No. 888 of 2015 whereby Rs.30,13,992.24/- has been awarded to the claimants against respondent nos. 1 and 3 and the appellant-respondent no.3Insurance Company has been directed to deposit the same.

Learned counsel for the appellant submits that the FIR of the accident was lodged after delay of fifteen days.

He also submits that the income of the deceased is not proved and the Tribunal has wrongly ascertained the income of the deceased without assigning cogent reasons.

Per contra, learned counsel for the respondents submits that the Tribunal has rightly ascertained the income of the deceased on the basis of average

FAFO No. 281 of 2025

2

of two years Income Tax Return.

Matter requires consideration.

Admit.

Summon Lower Court Record.

List on 17.12.2025.

As an interim measure, it is provided that operation of impugned judgment and award passed by the Tribunal shall remain stayed provided the appellant deposits the entire amount before the Tribunal, after adjusting the statutory amount, if any, within six weeks from today. The claimants will be at liberty to seek withdrawal of fifty percent of deposited amount by the appellant by moving a proper application before the Tribunal and the Tribunal may consider the application on furnishing indemnity bond by them. Remaining half of deposited amount shall be kept in the form of FDR issued by a nationalized bank or some interest bearing account initially for a period of one year and subsequently renewable from year to year during pendency of instant appeal.

In case this order is not complied with by the appellant, benefit of this order shall not be available to it and the Tribunal may proceed in accordance with law.

(Ram Manohar Narayan Mishra,J.)

October 31, 2025 Mohit Singh/-

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