U.P. State Road Transport Corp. Thro. Its Regional Manager Vs Kallu S/O Ramdeen — Allahabad HC (2025) — LawSathi Research

U.P. State Road Transport Corp. Thro. Its Regional Manager Vs Kallu S/O Ramdeen — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to the appellant; statutory deposit and any other amount deposited before this Court ordered remitted to the Tribunal within four weeks for adjustment towards compensation payable to the claimant/respondent.

Issue for consideration

Whether liability for payment of compensation was rightly fastened on the appellant Corporation although, according to appellant's counsel, the vehicle was insured and was being driven by a driver having a valid driving licence. +1 more

Court's answer

This Court found no illegality or error in the Tribunal's judgment and award dated 12.05.2011 warranting any interference; the appeal was liable to be dismissed.

Ratio / Principle

The Tribunal's findings on the driving licence, the insurance of the vehicle and the occurrence of the accident stood, as nothing contrary could be shown by learned counsel for the appellant.

Key takeaways

The first appeal from order was dismissed.ratio¶9
The statutory deposit and any other amount deposited before this Court were directed to be remitted to the concerned Tribunal within four weeks for adjustment in compensation under the impugned award, to be paid to the claimant/respondent.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No.4), Justice Rajnish Kumar — FIRST APPEAL FROM ORDER No. 778 of 2011 (neutral citation 2025:AHC-LKO:8828), order date 11.2.2025. Appeal by U.P. State Road Transport Corp. (through its Regional Manager), counsel Shachindra Dwivedi/Akhter Abbas/Prabhakar Tiwari/Pradeep Kumar Shukla, contesting fastening of compensation liability upon it in Claim Petition No.165 of 2005 (Kallu versus U.P.S.R.T.C. & Others), award dated 12.05.2011 by the Motor Accident Claims Tribunal/Additional District Judge, Court No.3, Lakhimpur Kheri. Counsel argued the vehicle was insured and driven by a validly licensed driver; however, the Tribunal had decided issue nos.2, 3 and 4 in the negative — driver unnamed, no licence on record, valid and effective driving licence not proved, and insurance with National Insurance Company/respondent no.2 not proved — and counsel could show nothing contrary, including on the finding of accident. The Court found no illegality or error in the impugned judgment and award and dismissed the appeal, directing that the statutory deposit and any other deposits be remitted to the Tribunal within four weeks for adjustment in compensation and payment to the claimant.

Neutral Citation No. - 2025:AHC-LKO:8828

Court No. - 4

Case :- FIRST APPEAL FROM ORDER No. - 778 of 2011

Appellant :- U.P. State Road Transport Corp. Thro. Its Regional Manager Respondent :- Kallu S/O Ramdeen Counsel for Appellant :- Shachindra Dwivedi,Akhter Abbas,Prabhakar Tiwari,Pradeep Kumar Shukla

Hon'ble Rajnish Kumar,J.

Shri Pradeep Kumar Shukla, learned counsel for the appellant submits that the liability for payment of compensation has wrongly been fastened on the appellant, whereas the vehicle was insured and was being driven by the driver having valid driving licence.

Having considered the submissions of learned counsel for the appellant, I have perused the record and impugned judgement and award passed by the Tribunal.

Learned Tribunal has recorded specific finding in regard to issue no.2 that the owner of the vehicle has not filed any written statement and the name of the driver has also not been disclosed by the respondent nos.1 and 2 i.e. appellant/corporation and respondent/insurance company and no licence of driver has also been placed on record. Thus it is not proved from the evidence on record that the driver of the vehicle was having a valid and effective driving licence. The issue nos.3 and 4 in regard to the insurance of the vehicle and it's validity has also been decided in negative holding that it has not been proved that the vehicle was insured with the National Insurance Company/respondent no.2. Nothing contrary could be shown by learned counsel for the appellant even in regard to finding of accident recorded by the Tribunal.

In view of above, this Court is of the view that there is no illegality or error in the impugned judgment and award dated 12.05.2011 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.3, Lakhimpur Kheri in Claim Petition No.165 of 2005; Kallu versus U.P.S.R.T.C. & Others, which may call for any interference by this Court. The appeal is liable to be dismissed.

The appeal is, accordingly, dismissed .

The amount of statutory deposit and any other amount deposited before this Court under any order of this Court shall be remitted to the concerned tribunal for adjustment in compensation under the impugned award forthwith and in any case within four weeks from today, which shall be paid forthwith to the claimant/respondent after intimating him/them by the learned Tribunal in accordance with law.

(Rajnish Kumar,J.) Order Date :- 11.2.2025 Anupam S/-

Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench