Supreme Court - Daily Orders
Oriental Insurance Company Ltd. vs Beena Awasthi . on 19 January, 2016
Bench: J. Chelameswar, Abhay Manohar Sapre
1
ITEM NO.17 COURT NO.5 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)......CC No(s).
65/2016
(Arising out of impugned final judgment and order dated 26/05/2015
in FAFO No. 767/2011 passed by the High Court Of Judicature at
Allahabad, Lucknow Bench)
ORIENTAL INSURANCE COMPANY LTD. Petitioner(s)
VERSUS
BEENA AWASTHI AND ORS. Respondent(s)
(with appln. (s) for c/delay in filing slp)
Date : 19/01/2016 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J. CHELAMESWAR
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
For Petitioner(s) Mr. Vishnu Mehra,Adv.
Ms. Sakshi Mittal,Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Learned counsel for the petitioner submits that the liability in the instant case is basically that of U.P.S.R.T.C. though there is an insurance policy issued by the petitioner covering the risk of the owner of the vehicle involved in the Signature Not Verified Digitally signed by Sarita Purohit Date: 2016.01.20 16:42:06 IST Reason: Signer Card of Ms. Sarita Purohit, Court Master is being used by the Mr. Om Parkash accident. The vehicle is under the control of U.P.S.R.T.C. by Sharma, AR-cum-PS for uploading the proceedings dt.19- 1-2016 of Court No.5 virtue of an agreement between the owner of the vehicle and UPSRTC. 2 In view of sub-section 30 of Section 2 of the Motor Vehicles Act, 1988, in such case, unless there is a policy obtained by the person who is in control of the vehicle, the Insurance Company is not liable to make the payment of the payment in the case of an accident.
We do not propose the correctness of the above submission. If the petitioner is so advised, it is open to the petitioner to recover the amount from the UPSRTS after making the payment to the claimants in terms of the impugned order.
Delay condoned. The special leave petition stands disposed of accordingly.
[O.P. SHARMA] [INDU BALA KAPUR]
AR-cum-PS COURT MASTER