Allahabad High Court
The Oriental Insurance Company Ltd. vs U.P. State Road Transport Corporation ... on 10 August, 2010
Author: Pankaj Mithal
Bench: Pankaj Mithal
Court No. - 19 Case :- FIRST APPEAL FROM ORDER No. - 2367 of 2010 Petitioner :- The Oriental Insurance Company Ltd. Respondent :- U.P. State Road Transport Corporation And Anr. Petitioner Counsel :- S.C. Srivastava Hon'ble Pankaj Mithal,J.
In the accident vehicle No. H.R. 38K-3225 is said to be involved. The submission of the learned counsel for the appellant is that the aforesaid vehicle was not actually insured with the appellant and the cover note which was produced in evidence related to vehicle no. H.R.38K-3592 which was not actually involved in the accident.
Issue notice to the respondents by registered post fixing a date. The appellant shall have right to recover the compensation awarded from the owner of the vehicle in case the appeal succeeds. However, the initial liability to pay the compensation awarded is upon the appellant. In view of the above, no case for grant of interim order is made out. The stay application is rejected.
The statutory amount deposited before this Court shall be remitted to the tribunal for payment to the appellant.
Order Date :- 10.8.2010 SKS