Icici Lombard General Insurance Co. Ltd. v. Satya Prakash and 3 Others

Allahabad HC12 Mar 2025FAFO/305/2025

Case brief

AI extract

What is this about?

Insurer's appeal against a motor accident compensation award; court summoned the tribunal record, issued notices to respondents, and stayed execution of the award conditional on deposit of the awarded amount with interest, part payable to claimants.

What did the court decide?

Execution of award stayed subject to deposit of entire awarded amount with interest within two months; 50% released to claimants, 50% in fixed deposit; statutory deposit remitted to tribunal.

Icici Lombard General Insurance Co. Ltd. vs Satya… — Motor Accident Claims | Allahabad HC (2025)

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Court No. - 36

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Case :- FIRST APPEAL FROM ORDER No. - 305 of 2025

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Appellant :- Icici Lombard General Insurance Co. Ltd. Respondent :- Satya Prakash And 3 Others Counsel for Appellant :- Aditya Singh Parihar

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Hon'ble Dinesh Pathak,J.

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Order on Appeal :

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Shri A..T. Pandey, learned Advocate has filed memo of appearance on behalf of claimant-respondent no.2 which is taken on record.

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Office is directed to proceed accordingly.

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It is submitted that complete negligence was at the part of the deceased which is evident from the FIR lodged by the other side.

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Let the record of the court below be summoned.

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Claimant-respondent no.1 is already represented through counsel.

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Let notices be issued to the respondent nos.2, 3 and 4 through RPAD as well as the normal mode of service fixing 14.05.2025 as the date.

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Club this appeal with FAFO No.302 of 2025.

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Order on the Stay Application :

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Issue notice as observed above.

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In the meantime, the parties shall exchange their respective affidavits, if any.

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The realization of the awarded amount against the present appellant in pursuance of the judgement and order dated 05.11.2024 passed by the tribunal in MACP No. 748/2020, shall remain stayed provided the appellant (Insurance Company) deposits the entire amount along with interest with the tribunal concerned within a period of two months from today. Upon deposit of the same, as mentioned above, 50% of the deposited amount shall be reimbursed to the claimants, without furnishing surety, as per the terms and conditions observed by the tribunal in it's judgement. Remaining 50% amount shall be invested in the Fixed Deposit in any nationalised bank as may be decided by the

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tribunal.

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The statutory amount as deposited by the appellant in this Court shall be remitted to the tribunal below for being adjusted towards the amount to be deposited by the appellant.

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In the event, the appellant fails to deposit the entire amount, as 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 :- 12.3.2025 Rama Kant

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Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad

Icici Lombard General Insurance Co. Ltd. v. Satya Prakash and 3 Others

Case brief

What is this about?

What did the court decide?

Icici Lombard General Insurance Co. Ltd. v. Satya Prakash and 3 Others

Case brief

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What did the court decide?

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