The National Insurance Company Ltd. Thru. Regional… — Motor Accident Claims | Allahabad HC (2025)

The National Insurance Company Ltd. Thru. Regional… — Motor Accident Claims | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Appeal admitted with notice to respondents No.1 to 4, lower-court record summoned and listing in November, 2025; interim stay of the operation of the impugned award dated 10.07.2025 conditional on the appellant depositing the entire award amount within four weeks after adjusting the statutory amount, the deposit to be invested in a nationalized bank at the highest rate of interest subject to final disposal of the appeal. Issues on contributory negligence and licence validity left for hearing on merits.

Issue for consideration

Whether it is a case of contributory negligence, as submitted by the appellant based on eyewitness testimony, which was ignored by the Tribunal. +1 more

Ratio / Principle

The appeal is admitted; notice is to be issued to respondents No.1 to 4; the record of the lower court is to be summoned; appellant's counsel to take steps within one week; appeal listed in November, 2025.

Key takeaways

As an interim measure, if the appellant deposits the entire amount under the impugned award within four weeks, after adjusting the statutory amount, the operation of the impugned award dated 10.07.2025 shall remain stayed.ratio¶24
Upon such deposit, the deposited sum shall be invested in a nationalized bank in the highest-rate interest-bearing account, subject to the final disposal of the appeal.ratio¶25

Detailed headnote1 paragraphs

Insurance company's appeal under Section 173 of the Motor Vehicle Act, 1988 against the judgment and award dated 10.07.2025 of the Motor Accident Claims Tribunal, Unnao in Claim Petition No.60 of 2021, whereby Rs.9,77,200/- with 7% per annum interest was awarded in a death case in favour of Indrana and another. Appellant's grounds: (i) eyewitness testimony established contributory negligence ignored by the Tribunal; (ii) the driver's licence for a transport vehicle was valid only till 06.07.2020, whereas the accident occurred on 22.01.2021, though the Tribunal held the licence valid till 02.11.2023. Court's order (admission stage): appeal admitted; notice to respondents No.1 to 4; lower-court record summoned; steps by appellant's counsel within one week; listed November, 2025. Interim relief: operation of the award stayed if the appellant deposits the entire award amount within four weeks after adjusting the statutory amount, the deposit to be invested in a nationalized bank at the highest rate of interest, subject to final disposal of the appeal.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

FIRST APPEAL FROM ORDER No. - 369 of 2025

The National Insurance Company Ltd. Thru. Regional Manager Lko.

.....Appellant(s)

Versus

Indrana And Another

.....Respondent(s)

Counsel for Appellant(s) : Satyajit Banerji
Counsel for Respondent(s) :

Court No. - 7

HON'BLE JASPREET SINGH, J.

Heard learned counsel for the appellant.

The instant appeal has been preferred under Section 173 of the Motor Vehicle Act, 1988 against the judgment and award dated 10.07.2025 passed by the Motor Accident Claims Tribunal, Unnao in Claim Petition No.60 of 2021, whereby, in a death case, a sum of Rs.9,77,200/- along with 7% interest per annum has been awarded in favour of the claimantsrespondents.

The submission of the learned counsel for the appellant is that from the testimony of the eye witness, it was clearly established that it is a case of contributory negligence which has been ignored by the Tribunal.

It is also pointed out that the findings on Issue No.2 is also incorrect inasmuch as the driver of the offending vehicle was driving a transport vehicle and his licence was valid only till 06.07.2020 whereas the accident occurred on 22.01.2021 i.e. after the licence had become invalid for driving transport vehicle and the Tribunal has incorrectly held that the licence was valid till 02.11.2023.

The matter requires consideration.

The appeal is admitted.

Let notice be issued to the respondents No.1 to 4 returnable at an early

FAFO No. 369 of 2025

2

date.

Summon the record of lower court.

Learned counsel for the appellant shall take steps within a period of one week from today.

List in the month of November, 2025 along with the record of lower court.

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 10.07.2025, passed by the Motor Accident Claims Tribunal concerned in Claim Petition No.60 of 2021, shall remain stayed.

It is further provided that upon the deposit of the aforesaid sum, the same shall be invested in some nationalized bank under the highest rate of interest bearing account, which shall be subject to the final disposal of this appeal.

(Jaspreet Singh,J.)

September 10, 2025

Rakesh/-

Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench