M/S the New India Assurance Co. Ltd.,Lko. Thru. Asstt. Manager(legal),Tanu Sonkar v. Shipra Mishra and Others
Case brief
What is this about?
FAFO No. 348 of 2026, Allahabad High Court Lucknow Bench, Syed Qamar Hasan Rizvi, J. (April 2, 2026): Insurer's appeal under Section 173, Motor Vehicles Act, 1988 against MACT Hardoi judgment and award dated 19.12.2025 in Motor Accident Claim Petition No. 335 of 2019 (Shipra Mishra v. New India Assurance). Contention: accident caused by toppling of an unregistered, uninsured tractor-trolley used for commercial purpose, not by the insured tractor; no liability on insurer; counsel relied on Mohan Kushwaha v. Ghanshyam, 2011 SCC OnLine All 2570 (coordinate Bench). Appeal admitted; notice issued; lower court record summoned; interim directions to deposit entire compensation with up-to-date interest (statutory deposit adjusted) within six weeks and invest in fixed deposit in a nationalized bank; no coercive measures till next listing; listed week commencing 18.05.2026.
What did the court decide?
Appeal admitted; notice issued to the respondents returnable at an early date; lower court record summoned; matter listed in the week commencing 18.05.2026. Interim relief: (i) deposit of the entire compensation with up-to-date interest, after adjusting the statutory deposit, before the Tribunal within six weeks, to be invested in a fixed deposit in a nationalized bank subject to further orders; and (ii) no coercive measures against the appellant till the next date of listing.