Two insurer appeals against MACT Barabanki awards in connected death cases arising from the same accident. The court admitted the appeals, issued notice to the respondents, summoned the lower court record, and stayed operation of the awards on deposit of the awarded amounts with interest.
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Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 306 of 2025
Appellant :- United India Insurance Company Ltd. Lko. Thru. Manager Respondent :- Smt. Indra And 3 Others Counsel for Appellant :- Deepak Kumar Agarwal
And
Case :- FIRST APPEAL FROM ORDER No. - 307 of 2025
Appellant :- United India Insurance Company Ltd. Thru. Its Manager Respondent :- Smt. Nankai And 5 Others Counsel for Appellant :- Deepak Kumar Agarwal
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the appellants.
These two appeals have been preferred under Section 173 of the Motor Vehicle Act, 1988 against the judgment and award dated 14.02.2025 passed by the Motor Accident Claims Tribunal Barabanki in Claim Petition No.82 of 2016, whereby the Tribunal in the case of Smt. Indra has awarded a sum of Rs.8,86,800/- along with 7% interest p.a and in Claim Petition No.28 of 2016, whereby the Tribunal in the case of Smt. Nankai has awarded a sum of Rs.10,30,000/- along with 7% interest p.a in favour of the claimants-respondents.
In these two appeals, both are death cases arising out of same accident hence both the appeals are connected together.
The submission of the learned counsel for the appellant is that in one case of Smt. Indra, the deceased was a gratuitous passenger hence she was not entitled to the compensation and in other case of Smt. Nankai the deceased was also a gratuitous passenger but it was alleged that it was third party, a bystander on the road. The issue raised by the Insurance Company has not been properly appreciated which has resulted in impugned awards.
The matter requires consideration.
The appeal is admitted.
Let notice be issued to the respondents.
Summon the record of lower court.
Learned counsel for the appellant shall take steps within a period of one week from today.
Connect and list along with FIRST APPEAL FROM ORDER No.-307 of 2025 on 25.09.2025.
As an interim measure, it is provided that in case, if the appellant deposits the entire amount under the impugned award within four weeks from today, before this Court after adjusting the statutory amount, the operation of the impugned award dated 14.02.2025, passed by the Motor Accident Claims Tribunal concerned in Claim Petition Nos.82 of 2016 (Smt. Indra & Anrs v United India Insurance Company Ltd and Ors) and 28 of 2016 (Smt. Nankai & Ors v United India Insurance Company Ltd and Ors), shall remain stayed.
It is further provided that upon the deposit of the aforesaid sum, the same shall be kept in the highest rate of interest bearing account, which shall be subject to the final disposal of this appeal.
Order Date :- 7.8.2025 Harshita
Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the Tribunal erred in awarding compensation to claimants whose deceased were gratuitous passengers/third parties in the accident?
1 provisions across 1 enactments
United India Insurance Company Ltd. Lko. Thru. Manager
Smt. Indra And 3 Others
United India Insurance Company Ltd. Thru. Its Manager
Smt. Nankai And 5 Others
Jaspreet Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
