Allahabad High Court
Manager A.B. Infrazone Pvt Ltd And ... vs Smt Mithlesh And 9 Others on 29 February, 2024
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:36284 Court No. - 9 Case :- FIRST APPEAL FROM ORDER No. - 1836 of 2021 Appellant :- Manager A.B. Infrazone Pvt Ltd And Another Respondent :- Smt Mithlesh And 9 Others Counsel for Appellant :- Mohd. Shoeb Khan Counsel for Respondent :- Pratibha Vohra,Saurabh Srivastava Hon'ble Vipin Chandra Dixit,J.
Heard Mr. Mohd. Shoeb Khan, learned counsel for the appellants, Smt. Pratibha Vohra, learned counsel for claimant Nos. 1 to 8 and Sri Saurabh Srivastava, learned counsel for respondent no.9. No one is present on behalf of respondent no. 10.
This FAFO has been filed by appellants against the judgment and award dated 18.1.2016 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.5, Moradabad in MACP No.183 of 2014(Smt. Mithilesh and others vs. Managar A.B. Infrazone Pvt. Limited and others), by which compensation of Rs.4,24,000/- alongwith interest of 7% has been awarded in favour of claimants/respondent nos.1 to 8 and the liability has been fixed upon the appellant who is owner of the vehicle.
It is submitted by the learned counsel for the appellants that the Claims Tribunal has committed gross illegality in deciding issue nos. 2 and 3 holding that driver of the JCB vehicle was not having valid and effective driving licence to drive the JCB at the time of accident. It is further submitted that one FAFO No. 1641 of 2016 filed by owner of the vehicle against the judgment and award dated 19.10.2015 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.4, Moradabad in MACP No.80 of 2014 arising out of same accident, was allowed by this Court vide order dated 13.3.2019, by which the award of Claims Tribunal was modified and the Insurance Company was directed to pay entire amount of compensation. A copy of judgment of this Court dated 13.3.2019 passed in FAFO No. 1641 of 2016 has been annexed as annexure 12 to the affidavit filed in this appeal. It is further submitted that present FAFO is squarely covered by judgment of this Court dated 13.3.2019.
Learned counsel appearing on behalf of respondent-Insurance Company has fairly submitted that the Insurance Company has not challenged the judgment of this Court dated 13.3.2019 passed in FAFO No. 1641 of 2016 and it has become final, and the present case is squarely covered by the judgment dated 13.3.2019.
In view of above, the appeal filed by appellants is hereby allowed. The judgment and award dated 18.1.2016 is modified to the extent that respondent no.9-H.D.F.C. Ergo General Insurance Company Limited is directed to pay the entire amount of compensation passed by the Claims Tribunal. The appellants No.1 and 2-owner of the vehicle are exonerated from any liability.
The amount of Rs.25,000/- deposited by the appellants at the time of filing of this appeal is remitted back to the Claims Tribunal and shall be paid to the appellants without any surety.
No order as to costs.
Order Date :- 29.2.2024 P.P.