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2025 DAILYLAW 10311 (ALL)

NATIONAL INSURANCE CO LTD v. RAHUL PRATAP SINGH AND ANOTHER

FAFO/3087/2008 · 2025-05-27

Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91809 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 3087 of 2008 Appellant :- National Insurance Co Ltd Respondent :- Rahul Pratap Singh And Another Counsel for Appellant :- Kuldip Shanker Amist Counsel for Respondent :- S.B. Maurya Hon'ble Vipin Chandra Dixit,J. 1. Heard Sri K.S. Amist, learned counsel for the appellant and Ms. Mamta Singh, Advocate holding brief of Sri K.M. Rai, learned counsel for the claimant-respondent no.1. No one is present on behalf of respondent no.2. 2. The present first appeal from order under Section 173 of Motor Vehicles Act has been filed by the appellant Insurance Company against the judgment and award dated 7.7.2008 passed by Motor Accident Claims Tribunal/District Judge, Mainpuri in M.A.C.P. No.560 of 2002 (Rahul Pratap Singh Vs. Arun Chandra Gihar and another), by which compensation of Rs.1,50,000/- along with 6% interest has been awarded on account of injuries received by claimant-respondent no.1 in a road accident which was occurred on 10.9.2002. 3. It is submitted by learned counsel for the appellant that the Jeep bearing No. UP-80/S-3648 was insured in the name of Sukendra Pal Singh son of Digambar Singh Bhadoriya whereas it was registered in the name of respondent no.2 namely Arun Chandra Gihar and the policy was never transferred in the name of Arun Chandra Gihar. There was no contract of appellant Insurance Company with subsequent owner Arun Chandra Gihar. It is further submitted that it is a case of injury and compensation awarded by the Claims Tribunal is on higher side. 4. On the other hand, learned counsel appearing on behalf of claimant-respondent submits that the offending Jeep was registered in the name of Arun Chandra Gihar and the vehicle was insured on the date of accident. The Insurance Company is liable to pay the compensation. 5. Considered the submissions of learned counsel for the parties and perused the record. 6. The Claims Tribunal has framed specific issue no.2 regarding insurance of offending vehicle. The Claims Tribunal has recorded the finding after considering the entire evidence and materials which are available on record that the offending Jeep No. UP- 80/S-3648 was insured with the appellant Insurance Company for the period from 22.10.2001 to 21.10.2002, whereas the accident was taken place on 10.9.2002. The Claims Tribunal has decided the issue no.2 holding that offending vehicle was insured on the date of accident with the National Insurance Company Limited. The insurance of vehicle on the date of accident was not disputed by learned counsel for the appellant. So far as quantum of compensation is concerned, the claimant who was aged about 14 years and was student of Class-9 at the time of accident had received grievous injuries on his head. The compensation of Rs.1,50,000/- awarded by the Claims Tribunal cannot said to be excessive in any manner. No ground for interference is made out. The first appeal from order is devoid of merits and is liable to be dismissed. 7. The first appeal from order is dismissed, accordingly. 8. Interim order, if any, stands discharged. Order Date :- 28.5.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad