Indra Kumar Maurya vs Manager Legal Icici Lombard… — Motor Accident Claims | Allahabad HC (2025)

Indra Kumar Maurya vs Manager Legal Icici Lombard… — Motor Accident Claims | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Appeal admitted ('Admit'); notice to respondents ordered, returnable at an early date; lower court record summoned; steps to be taken within a week; case listed on 25.11.2025. No merits decision taken in this judgment.

Issue for consideration

Whether the Tribunal passed the impugned judgment and award dated 14.07.2025 (after remand) without considering the material available on record, as submitted by counsel for the appellant. +1 more

Key takeaways

This Court determined that 'The matter requires consideration' and admitted the appeal for fuller deliberation instead of deciding the merits at this stage; notice was ordered to the respondents, the lower court record was summoned, steps were to be taken within a week, and the case was listed for 25.11.2025.¶19

Detailed headnote1 paragraphs

FAFO No. 418 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Court No. 19), Ram Manohar Narayan Mishra, J., decided October 15, 2025. Claimant-appellant Indra Kumar Maurya files this First Appeal From Order under Section 173 of the Motor Vehicles Act against the judgment and award dated 14.07.2025 of the Presiding Officer, Motor Accident Claims Tribunal, in Claim Petition No. 131 of 2009 (Indra Kumar Maurya Vs. Vasudev Singh and others), whereby post-remand compensation was fixed at Rs. 2,69,400/- with 6% simple interest, with enhanced interest @ 4% annually if unpaid beyond a month. History: the Tribunal's initial award of Rs. 4,92,000/- (with 9% interest) dated 13.10.2010 was challenged by the Insurance Company in F.A.F.O. No.335 of 2010, allowed on 22.01.2019 with remand to the Tribunal to reassess compensation in the light of Raj Kumar Vs. Ajay Kumar, 2011(1) SCC 343; on remand, disability earlier assessed at 40% was reassessed at 22% on a doctor's opinion formed through video calling, substantially reducing compensation. Counsel for the appellant contends the award ignored the material on record and that the reduction lacked cogent reason. The court found the matter to require consideration: the appeal was admitted, notice was ordered to the respondents, the lower court record was summoned, and the case was listed for 25.11.2025. No merits determination was made in this judgment.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

FIRST APPEAL FROM ORDER No. - 418 of 2025

Indra Kumar Maurya

.....Appellant(s)

Versus

Manager Legal Icici Lombard General Insurance Co. Ltd. Lko. And 2 Others

.....Respondent(s) Counsel for Appellant(s) : Mahendra Kumar, Onkar Pandey Counsel for Respondent(s) :

Court No. - 19

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the appellant and perused the record.

The F.A.F.O. under Section 173 of the Motor Vehicles Act has been filed against the judgment and award dated14.07.2025 passed by the Presiding Officer, Motor Accident Claims Tribunal in Claim Petition No. 131 of 2009 ( Indra Kumar Maurya Vs. Vasudev Singh and others ).

Learned counsel for the appellant submits that the impugned judgment and award dated 14.07.2025 has been passed by the Tribunal without considerating the material available on record. The claim petition filed by the appellant which was initially decided by the Tribunal vide judgment and order dated 13.10.2010 by which a sum of Rs.4,92,000/- was awarded as motor accident compensation to the appellant/ claimant with 9% interest .

The Insurance Company has assailed the said judgment before this Court by way of F.A.F.O. No.335 of 2010, which was decided vide judgment and order dated 22.01.2019 . The appeal of the Insurance Company was allowed and the matter was remanded to the Tribunal to reassess the compensation and give a clear findings in the light of the judgment of Hon'ble Supreme Court in the case of Raj Kumar Vs. Ajay Kumar reported in 2011(1) SCC 343 , within a period of three months from the date of certified copy of this order is placed before the Tribunal.

The Tribunal considered the matter afresh after remand of the claim

FAFO No. 418 of 2025

2

petition by this Court and passed the impugned judgement and award dated 14.07.2025 whereby a sum of Rs. 2,69,400/- has been awarded as compensation with 6% simple interest and the Insurance Company was directed to pay compensation accordingly. The Tribunal has also directed in the impugned judgment that if the compensation is not paid within a month, the Insurance Company may have to pay enhanced interest of @ 4% annually..

He also submits that initially the Tribunal assessed 40% disability in the earlier judgment dated 13.10.2010 but after remand the disability was duly assessed 22% disability on the opinion given by the doctor, who examined the claimant through video calling and the amount of compensation of the claimants/appellant was substantially reduced without any cogent reason.

The matter requires consideration

Admit

Issue notice to respondents returnable at an early date.

Summon the lower court record.

Steps be taken within a week.

List on 25.11.2025.

(Ram Manohar Narayan Mishra,J.)

October 15, 2025 dk/

Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench