National Insurance Company Ltd. Lakhimpur Kheri Thru. Asstt. Mgr. vs Ashfaq Ali. and 2 Others — Allahabad HC (2025) — LawSathi Research

National Insurance Company Ltd. Lakhimpur Kheri Thru. Asstt. Mgr. vs Ashfaq Ali. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal admitted for consideration; notice ordered; Lower Court Record summoned; steps within a week; list with service report. Interim conditional relief: on the appellant depositing the total decretal amount alongwith interest till the date of deposit, after adjusting the statutory deposit made before this court, with the concerned Tribunal within six weeks, the impugned award (dated 05.11.2024) shall not be executed against the appellant till the next date of listing; the deposited amount to be kept in an interest bearing fixed deposit in a nationalized bank initially for one year with auto renewal. Final adjudication pending.

Issue for consideration

Whether vehicle No. UP-31-T-2586 (registered to Smt. Rajani Mishra) was implanted in the accident and wrongly proceeded against, given the FIR was lodged against the uninsured Bus No. UP-31-T-1363 (raised by appellant's counsel; not yet adjudicated). +2 more

Ratio / Principle

The appeal was admitted for consideration.

Key takeaways

Notice to be issued; the Lower Court Record summoned; steps to be taken within a week; matter to be listed with service report.ratio¶9
Conditional interim protection: in case the appellant deposits the total decretal amount alongwith interest till the date of deposit, after adjusting the statutory deposit made before this court, with the concerned Tribunal within six weeks from today (in terms of the impugned judgment and award dated 05.11.2024), the impugned award shall not be executed against the appellant till the next date of listing.ratio¶13
The amount so deposited shall be kept in an interest bearing fixed deposit account in a nationalized bank initially for a period of one year with an auto renewal facility.

Detailed headnote1 paragraphs

First Appeal From Order No. 83 of 2025, Court No. 4, High Court of Judicature at Allahabad, Lucknow Bench; Hon'ble Rajnish Kumar, J.; order dated 11.3.2025. Appeal by the appellant, National Insurance Company Ltd., Lakhimpur Kheri (through its Assistant Manager), counsel Shri Govind Chaturvedi, against the judgment and award dated 05.11.2024 passed in Motor Accident Claim Petition No. 124 of 2018 (Ashfaq Ali Versus Rajani Mishra and others) by the Motor Accident Claims Tribunal, Lakhimpur Kheri; respondents Ashfaq Ali and 2 others. At the admission stage, counsel submitted that the FIR was lodged against Bus No.UP-31-T-1363, registered to Dharmendra Kumar Mishra son of Late Ravindra Mishra, which was uninsured, whereas on Dharmendra Kumar Mishra's application to the Senior Superintendent of Police, District-Lakhimpur Kheri, the charge sheet during investigation named vehicle No.UP-31-T-2586, registered to his mother Smt. Rajani Mishra, wife of Late Ravindra Mishra, i.e. that vehicle was 'implanted' in the accident; counsel further contended that the Tribunal failed to consider this, had rejected the appellant's application for summoning the owner of Vehicle No.UP-31-T-1363 for evidence, and that contradictions in the prosecution witnesses' evidence meant the accident could not be said to have been proved. The court found the matter to require consideration and admitted the appeal; notice was ordered, the Lower Court Record summoned, steps directed within a week, and listing with service report. Conditional relief: if the appellant deposits the total decretal amount alongwith interest, adjusting the statutory deposit already made before this court, with the Tribunal within six weeks, the impugned award shall not be executed against the appellant till the next date of listing; the deposit is to be kept in an interest bearing fixed deposit account in a nationalized bank initially for one year with auto renewal. No statute or precedent is cited and no decretal quantum figure is stated in the order.

Court No. - 4

Case :- FIRST APPEAL FROM ORDER No. - 83 of 2025

Appellant :- National Insurance Company Ltd. Lakhimpur Kheri Thru. Asstt. Mgr. Respondent :- Ashfaq Ali. And 2 Others Counsel for Appellant :- Govind Chaturvedi

Hon'ble Rajnish Kumar,J.

Shri Govind Chaturvedi, learned counsel for the appellant submits that the First Information Report was lodged against the Bus No.UP-31-T-1363, registered in the name of Dharmendra Kumar Mishra son of Late Ravindra Mishra, but since the vehicle was not insured, therefore, on an application moved by Shri Dharmendra Kumar Mishra to the Senior Superintendent of Police, District-Lakhimpur Kheri during investigation against the vehicle No.UP-31-T-2586, the charge sheet was filed against the said vehicle which was registered in the name of mother of Dharmendra Kumar Mishra, namely, Smt. Rajani Mishra, wife of Late Ravindra Mishra, as such the same was implanted in the accident, but the learned Tribunal failed to consider it and also the application of the appellant for summoning the owner of Vehicle No.UP-31-T-1363 for evidence was also rejected. Even otherwise there is contradiction in the evidence of the prosecution witnesses, therefore, the accident also cannot be said to have been proved.

The matter requires consideration.

Admit.

Issue notice.

Summon the Lower Court Record.

Steps to be taken within a week.

List with service report.

In case the appellant deposits the total decretal amount alongwith interest till the date of deposit after adjusting the statutory deposit made before this court with the concerned Tribunal within a period of six weeks from today in terms of the impugned judgment and award dated 05.11.2024 passed in Motor Accident Claim Petition No.124 of 2018; Ashfaq Ali Versus Rajani Mishra and others by the Motor Accident Claims

Tribunal, Lakhimpur Kheri, the impugned award shall not be executed against the appellant till the next date of listing.

The amount so deposited shall be kept in an interest bearing fixed deposit account in a nationalized bank initially for a period of one year with an auto renewal facility.

....................................... .(Rajnish Kumar,J.) Order Date :- 11.3.2025 Banswar

Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench