Reliance General Insurance Co. Ltd. vs Smt… — Murder and Culpable Homicide | Allahabad HC (2025)

Reliance General Insurance Co. Ltd. vs Smt… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Appeal admitted; interim stay of realization of the awarded amount (judgment/award dated 24.10.2024 passed by the Tribunal) until further orders, conditional on the appellant depositing the entire awarded amount with interest before the Tribunal within two months; on deposit, 50% to be reimbursed to the claimants per the Tribunal's conditions and the remaining 50% kept in fixed deposit in a nationalized bank; statutory deposit in the Court to be remitted to the Tribunal for adjustment; failing timely deposit, the interim order stands automatically vacated and the impugned award becomes executable forthwith.

Issue for consideration

Whether negligent driving of the vehicle stands proved, given that the F.I.R. was lodged and the charge-sheet was submitted under Section 304 I.P.C. (appellant's contention). +2 more

Ratio / Principle

The appeal is admitted.

Key takeaways

Until further orders, realization of the awarded amount in pursuance of the judgment/award dated 24.10.2024 passed by the Tribunal shall remain stayed.ratio¶11
The stay is conditional on the appellant depositing the entire awarded amount with interest before the Tribunal concerned within two months.ratio¶11
On deposit being made, 50% of the deposited amount shall be reimbursed to the claimants as per the conditions observed by the Tribunal.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Dinesh Pathak, J.), First Appeal From Order No. 347 of 2025, Reliance General Insurance Co. Ltd. v. Smt. Pooja and 6 others, order dated 24.2.2025: Insurer's appeal against the Tribunal's judgment/award dated 24.10.2024 admitted. Until further orders, realization of the awarded amount stayed, conditional on the appellant depositing the entire awarded amount with interest before the Tribunal concerned within two months; on deposit, 50% of the deposited amount to be reimbursed to the claimants as per the Tribunal's conditions and the remaining 50% kept in fixed deposit in a nationalized bank; the statutory amount deposited in the High Court to be remitted to the Tribunal for adjustment towards the appellant's deposit; on failure to deposit within the stipulated period, the interim order stands automatically vacated and the impugned award becomes executable forthwith. Grounds urged by the insurer: F.I.R./charge-sheet under Section 304 I.P.C. (negligent driving contended to be unproved); accident caused by the trolley, which was not insured, and not by the insured tractor; driver held only a learning driving license with nothing on record that he was accompanied by a validly licensed person. Record of the court below summoned; notices to respondents no.6 & 7 through R.P.A.D. and normal mode; date fixed 24.04.2025; claimants-respondents no.1 to 5 represented through counsel.

Court No. - 36

Case :- FIRST APPEAL FROM ORDER No. - 347 of 2025

Appellant :- Reliance General Insurance Co. Ltd. Respondent :- Smt. Pooja And 6 Others Counsel for Appellant :- Saurabh Srivastava Counsel for Respondent :- Satya Deo Ojha

Hon'ble Dinesh Pathak,J.

Instant appeal has been filed on behalf of Insurance Company.

It is submitted that F.I.R. was lodged and the charge-sheet was submitted under Section 304 I.P.C., therefore, negligent driving of the vehicle has not been proved. It is next submitted that accident caused with the trolly and not by the tractor. Trolly was not insured under the policy. It is lastly submitted that driver of the tractor was having a learning driving license, however, there is nothing on record that he was accompanied by the person having valid driving license.

The appeal is admitted.

Let the record of the court below be summoned and notices be issued to respondents no.6 & 7 through R.P.A.D. as well as normal mode of service fixing 24.04.2025 as the date. Steps may be taken within ten working days. Claimants-respondents no.1 to 5 are represented through their counsel.

Order on Stay Application :-

Issue notice to the respondents, as observed above. In the meantime, parties shall exchange their respective affidavits, if any.

Until further orders of this Court, realization of the awarded amount in pursuance of the judgment/award dated 24.10.2024 passed by the Tribunal shall remain stayed provided the appellant deposits the entire awarded amount with interest before the Tribunal concerned within a period of two months from today. On deposit being made, 50% of the deposited amount shall be reimbursed to the claimants as per conditions observed by the Tribunal in its judgment and the remaining 50% of the amount shall be kept in the fixed deposit in any nationalized bank.

The statutory amount so deposited by the appellant in this Court

shall be remitted to the tribunal concerned for being adjusted towards the amount to be deposited by the appellant.

If the amount is not deposited within the stipulated period, this interim order shall stand automatically vacated and the impugned award shall become executable forthwith.

Order Date :- 24.2.2025 VR

Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad