The National Insurance Company Ltd. Thru. Regional Manager Hazratganj Lko. v. Ram Naresh and 2 Others
Case brief
What is this about?
Allahabad High Court, Lucknow Bench, Ram Manohar Narayan Mishra, J., FAFO No. 417 of 2025, order dated October 15, 2025. Insurer's Section 173 Motor Vehicle Act appeal against MACT Unnao death-compensation award of Rs. 6,53,870 plus 7% interest (MACT No. 1111 of 2019, Ram Naresh v. Sushil Kumar). Grounds: Tribunal's finding that owner Sushil Kumar Prajapati was driving is conjectural; Vishal Kumar Saini initially arrested as unlicensed driver; unlicensed-driver liability should fall on owner, not insurer. Admission-stage order only: notice via District Judge, record summoned, decretal deposit less Rs. 25,000 statutory amount within four weeks, 50% stayed in nationalised-bank FDR, 50% released on indemnity bond, next date 26.11.2025. No precedent cited; owner-vs-insurer liability left open.
What did the court decide?
Interlocutory admission-stage order: appeal admitted; notice to respondents through the District Judge concerned; lower court record summoned; steps within a week; appellant directed to deposit the entire decretal amount before the Tribunal within four weeks after adjusting the Rs. 25,000/- statutory deposit, with 50% of the awarded amount stayed in an FDR during pendency and the remaining 50% released to claimants on indemnity bond; matter listed on 26.11.2025. No finding on merits; the owner-versus-insurer liability question remains open.