National Insurance Co. Ltd. Thru. Regional Manager,Lucknow vs Uma Devi and 7 Others — Allahabad HC (2025) — LawSathi Research

National Insurance Co. Ltd. Thru. Regional Manager,Lucknow vs Uma Devi and 7 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Admission-stage interim arrangement: appeal admitted; notice ordered to respondent nos.7 and 8 (steps within a week). If the appellant deposits the total decretal amount alongwith interest with the concerned Tribunal within six weeks, adjusting the Rs.25,000/- already deposited before this Court, no coercive action shall be taken against the appellant till the next date of listing; the deposited amount to be invested in an interest-bearing fixed deposit in a nationalized bank (initially one year, auto-renewal). Substantive adjudication deferred; appeal to be listed with service report.

Issue for consideration

Whether the Tribunal could allow the claim petition while the protest petition on the discrepancy between the vehicle named in the F.I.R. (Tata Indica Car No.U.P.44-V-5666) and that named in the investigating officer's final report (U.P.-44-Y5666, a scooter) remained undecided (raised by appellant's counsel). +3 more

Ratio / Principle

Court admitted the appeal and directed issue of notice to respondent nos.7 and 8, with steps to be taken within a week; appeal to be listed with service report.

Key takeaways

If the appellant deposits the total decretal amount alongwith interest till the date of deposit with the concerned Tribunal, after adjusting the Rs.25,000/- already made before this Court, within six weeks, no coercive action shall be taken against the appellant till the next date of listing.ratio¶14
On deposit of the aforesaid amount by the appellant, it shall be invested in an interest bearing fixed deposit account in a nationalized bank, initially for a period of one year, with an auto renewal facility.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 4) — Hon'ble Rajnish Kumar, J. — First Appeal From Order No. 49 of 2025 (decision date 4.2.2025): National Insurance Co. Ltd. (thru. Regional Manager, Lucknow), appellant-insurer in a motor-accident claim of Uma Devi and 7 others before the Tribunal. Appeal ADMITTED with notice ordered to respondent nos. 7 and 8; adjudication deferred. Interim conditional relief: if the appellant deposits the total decretal amount alongwith interest with the concerned Tribunal within six weeks, adjusting the Rs.25,000/- already deposited before this Court, no coercive action shall be taken against the appellant till the next date of listing; the deposited sum to be invested in an interest-bearing fixed deposit in a nationalized bank (initially one year, auto-renewal). Contentions flagged for consideration when the appeal is heard: (i) claim petition allowed despite the protest petition on the F.I.R./final-report vehicle-number discrepancy (Tata Indica Car No.U.P.44-V-5666 v. scooter U.P.-44-Y5666) being still undecided; (ii) deceased's income pleaded at Rs.5,000 p.m. against witness-stated Rs.4,000 p.m. remitted home; (iii) future prospects allowed at 40%, appellant urging 25%; (iv) consortium allegedly not allowed to all claimants, respondents seeking modification of the judgment and award. No statutory provision or precedent cited; all substantive points remain counsel's submissions, unresolved at this stage.

Court No. - 4

Case :- FIRST APPEAL FROM ORDER No. - 49 of 2025

Appellant :- National Insurance Co. Ltd. Thru. Regional Manager,Lucknow Respondent :- Uma Devi And 7 Others Counsel for Appellant :- Satyajit Banerji Counsel for Respondent :- Mukesh Singh,Haroon Rasheed

Hon'ble Rajnish Kumar,J.

Heard Sri S.Banerji, learned counsel for the appellant and Sri Mukesh Singh, learned counsel for the respondent nos.1 to 6.

Learned counsel for the appellant submits that F.I.R. was lodged against Tata Indica Car No.U.P.44-V-5666, whereas after investigating, the final report was submitted against U.P.-44-Y5666 which is a scooter. The protest petition was filed, however, without waiting for the outcome of the protest petition, the claim petition has been allowed holding that the accident had occurred on account of rash and negligent driving of the driver of the Tata Indica Car No.U.P.44-V-5666,which could not have been done. He further submits that though the income of the deceased has been pleaded as Rs.5000/- per month but it has been stated by the witness that he used to give Rs.4000 per month at house. He further submits that future prospects have wrongly been allowed at the rate of 40%, whereas it should have been at the rate of 25%.

Per contra, learned counsel for the respondent submits that the investigating officer had inadvertently investigated the matter reading vehicle No.U.P.44-V-5666 as U.P.-44-Y-5666, whereas he fairly submits that the protest petition has still not been decided. He further submits that consortium has not been allowed to all the claimants, therefore the impugned judgment and award is required to be modified.

The matter requires consideration.

Admit.

Issue notice to the respondent nos.7 and 8.

Steps to be taken within a week.

Lower court record is already available in the connected appeal. List with service report.

In case the appellant deposits the total decretal amount

alongwith interest till the date of deposit with the concerned Tribunal after adjusting Rs.25,000/- made before this court within a period of six weeks from today, no coercive action shall be taken against the appellant till the next date of listing.

On deposit of the aforesaid amount by the appellant, the same shall be invested in an interest bearing fixed deposit account in a nationalized bank initially for a period of one year with an auto renewal facility.

Order Date :- 4.2.2025 Akanksha/-

Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench