Icici Lombard General Insurance Co. Ltd. vs Anil… — Motor Accident Claims | Allahabad HC (2026)

Icici Lombard General Insurance Co. Ltd. vs Anil… — Motor Accident Claims | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim stay of the operation of the impugned judgment and award dated 25.09.2025, conditional upon the appellant depositing the whole awarded amount including interest before the Tribunal within one month; 10% of the deposited amount payable to the claimants without security or surety; remaining 90% in a renewable one-year fixed deposit with a nationalised bank, payment subject to the decision in the appeal; appeal admitted and listed after eight weeks.

Issue for consideration

Whether the factum of the accident and the negligence of the alleged offending driver is doubtful. +1 more

Ratio / Principle

Appeal is admitted; notice to be issued to the respondents; lower court record to be summoned; steps both ways within a week; matter to be listed after eight weeks.

Key takeaways

Operation of the impugned judgment and award shall remain stayed, conditional on the appellant depositing the whole awarded amount including interest before the Tribunal within one month; claimants entitled to 10% of that amount without furnishing security or surety; the remaining 90% to be kept in a fixed deposit with a nationalised bank for one year, renewable from time to time, payment subject to the decision in the appeal.ratio¶23

Detailed headnote1 paragraphs

Insurance company's appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 25.09.2025 of the Motor Accident Claims Tribunal, Firozabad in Motor Accident Claim Petition No.180 of 2023, whereby Rs.35,08,200/- with interest @ 9% per annum was awarded to the claimants for the untimely death of Smt. Bhagwan Devi in a motor accident of 15.01.2023 involving motorcycle No.UP-83-BB8908. Appellant contended that the factum of the accident and the driver's negligence were wholly doubtful, and that the deceased's family pension of Rs.26,140/- per month could not have been considered in assessing compensation. The Court admitted the appeal, issued notice to the respondents, directed summoning of the lower court record, and stayed the operation of the impugned judgment and award conditional on the appellant depositing the whole awarded amount including interest before the Tribunal within one month, with 10% payable to the claimants without security and the remaining 90% kept in a renewable fixed deposit with a nationalised bank, payment subject to the decision in the appeal. Matter listed after eight weeks.

HIGH COURT OF JUDICATURE AT ALLAHABAD

FIRST APPEAL FROM ORDER No. - 55 of 2026

Icici Lombard General Insurance Co. Ltd

.....Appellant(s)

Versus

Anil Kumar And 3 Others

.....Respondent(s)

Counsel for Appellant(s)	: Aditya Singh Parihar
Counsel for Respondent(s)	:

Court No. - 38

HON'BLE SANDEEP JAIN, J.

Stay application filed by the learned counsel counsel for the appellantInsurance Company during the course of hearing is taken on record.

The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the insurer of the offending motorcycle No.UP-83-BB8908 against the impugned judgment and award dated 25.09.2025 passed by the Motor Accident Claims Tribunal, Firozabad in Motor Accident Claim Petition No.180 of 2023 (Anil Kumar and another vs. ICICI Lombard General Insurance Co. Ltd. and others), whereby for the untimely death of Smt. Bhagwan Devi in a motor accident that occurred on 15.01.2023, a compensation of Rs.35,08,200/- along with interest @ 9% per annum has been awarded to the claimants, which has been ordered to be indemnified by the insurer of the offending motorcycle.

Learned counsel for the appellant - Insurance Company submitted that the factum of the accident as well as the negligence of the alleged offending driver is wholly doubtful. It was further submitted that the deceased Bhagwan Devi was a family pensioner, who was getting a family pension of Rs.26,140/- per month which could not have been considered for assessing compensation but the Tribunal has assessed the compensation on that basis, which is erroneous.

Matter requires consideration.

Appeal is admitted.

Issue notice to the respondents.

Office is directed to summon the lower court record.

Steps be taken both ways within a week.

List this matter after eight weeks.

The operation of the impugned judgment and award shall remain stayed,

FAFO No. 55 of 2026

2

provided the appellant deposits whole awarded amount including the interest before the Tribunal within a period of one month from today and the claimants are entitled to receive 10% of this amount without furnishing any security or surety. The remaining 90% amount will be kept in a fixed deposit of any nationalized bank for a period of one year, which shall be renewed from time to time and its payment will be subject to the decision passed in this appeal.

January 12, 2026 Jitendra

(Sandeep Jain,J.)

Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad