National Insurance Company Ltd., Lko. Thru. Regional Manager v. Nirmala Maurya (Deceased) and Others
Case brief
What is this about?
FAO 84 of 2025, Allahabad High Court Lucknow Bench, order dated 3.3.2025 by Rajnish Kumar, J.; National Insurance Company Ltd. (insurer of vehicle UP-34-S-2388) appeals against MACT (South), Lucknow award dated 20.09.2024 in M.A.C.P. No.480 of 2013 (Nirmla/Nirmala Maurya deceased v. Munni Lal) fixing contributory negligence 80:20 as against the insured vehicle vis-a-vis Maruti Car UP-32-EP-2920 in an alleged head-on collision; appeal admitted at threshold, Lower Court Record summoned, notice issued; stay of coercive execution conditional on deposit of entire decretal amount with interest within four weeks; 50% of award releasable to claimants, balance in nationalized-bank fixed deposit (one year, auto renewal); listed with FAO 24 of 2025; no statute or precedent cited; no decretal figure stated in the order.
What did the court decide?
Appeal admitted; notice issued; Lower Court Record summoned (steps within ten days); coercive action in pursuance of the impugned judgment and award dated 20.09.2024 withheld subject to deposit of the total decreetal amount with interest within four weeks; 50% of awarded amount to be released to claimant-respondents and the balance kept in an interest-bearing fixed deposit in a nationalized bank (initially one year, auto renewal); matter to be connected and listed with First Appeal From Order No. 24 of 2025 with service report. The merits of the contributory negligence issue remain open.