Allahabad High Court
National Insurance Co. Ltd. vs Gyan Chand And 3 Others on 11 February, 2015
Author: Abhinava Upadhya
Bench: Abhinava Upadhya
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- FIRST APPEAL FROM ORDER No. - 419 of 2015 Appellant :- National Insurance Co. Ltd. Respondent :- Gyan Chand And 3 Others Counsel for Appellant :- A.C. Nigam Hon'ble Abhinava Upadhya,J.
By means of this First Appeal From Order, the appellant, who is the Insurance Company has challenged the award of the Motor Accident Claims Tribunal dated 12.11.2014 in MACP No.35 of 2013. On 26.8.2012 when the claimant as well as his brother were going on Motorcycle No.UP65AK-9734 an accident took place in which son of the claimants Vishal Kumar died. The Tribunal after considering the material available on record and the evidence led by the parties has awarded compensation to the tune of Rs. 3,65,000/-.
Sri S.C.Nigam, learned counsel appearing for the appellant submits that the accident took place on 26.8.2012 at about 2.00 PM whereas the FIR was lodged on 28.8.2012 by the father of the claimant. In the FIR the vehicle mentioned as Bolero No.UP62-Q-2946. Pursuant to the FIR a charge sheet has been submitted and in the charge sheet the vehicle which has been found to be involved in the accident is Wagon-R Car No. UP50-U-7923 which was insured by the appellant. It is submitted that once the vehicle was shown to be Bolero in the FIR, the Tribunal has erred in awarding compensation upon the insurer of Wagon-R, which was not involved in the accident.
The matter requires consideration.
Admit.
Issue notice to the respondents, who may file their counter affidavit within three weeks after service of notice.
List this case after the expiry of the aforesaid period.
Until further orders of this Court, the operation and execution of the impugned award dated 12.11.2014 in MACP No.35 of 2013 shall remain stayed provided the appellant deposits the entire awarded amount with the Tribunal within a period of six weeks from today. The claimant would be at liberty to withdraw 50% of the said amount without furnishing any security and the remaining 50% shall be invested in some interest bearing account of Nationalized Bank. In case of default, the interim order granted shall stand automatically vacated. It is further provided that the statutory amount of Rs. 25,000/- deposited by the appellant before this Court may be remitted to the Tribunal for due adjustment.
Order Date :- 11.2.2015 SKM