CHANDIKA @ MUNNI LAL AND ANOTHER v. THE NEW INDIA INSURANCE COMP. LTD. HARDOI THROUGH ITS MANAGE
FAFOD/95/2011 · 2025-04-21
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118691 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118691 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22394 Court No. - 5 Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 95 of 2011 Appellant :- Chandika @ Munni Lal And Another Respondent :- The New India Insurance Comp. Ltd. Hardoi Through Its Manage Counsel for Appellant :- G.D.Pandey,Mohan Singh,Rupesh Kumar Gupta Hon'ble Abdul Moin,J. (Order on C.M. Application No. 8525 of 2011) Heard. This is an application for condonation of delay in filing the appeal. There is delay of ninety-eight days in filing the appeal. Despite notice being sent on the respondents, no objection has been filed till date. Considering the contents of the affidavits filed in support of application, the same is allowed. Accordingly, delay in filing the appeal is condoned. Office is directed to allot regular number to this appeal. (Order on Appeal) Heard Shri Mohan Singh, learned counsel for the appellants. Under challenge is the order dated 31.05.2010 passed by learned Motor Accident Claims Tribunal, Hardoi (hereinafter referred to as
"Tribunal") in M.A.C.P. No. 140/2009 inre: Sri Rampal and Others Vs. Chandika Lal and Others. Learned Tribunal vide judgment impugned awarded a sum of ₹ 54,500/- along with interest of 6% per annum. The amount has been
directed to be paid by the respondents no. 1 & 2 therein namely
Chandika alias Munni Lal and Deep Chand. Being aggrieved by the said order, both Chandika alias Munni Lal and Deep Chand have filed the instant appeal. The sole ground, as urged by the learned counsel for the appellants, is that no accident took place from the vehicle and consequently, learned Tribunal has patently erred in law in awarding the compensation to be paid by the appellants. No other ground has been urged. A perusal of the said ground, as urged by the learned counsel for the appellants, when seen in the context of the judgment of the learned Tribunal dated 31.05.2010, would indicate that the learned Tribunal had specifically framed issue no. 1 as to whether on the fateful day i.e. on 20.04.2009 the accident took place with a tractor No. UP30K9518. Learned Tribunal while deciding the said issue has specifically recorded that the tractor belongs to Chandika alias Munni Lal/appellant no. 1 and that the respondent nos. 1 & 2 before learned Tribunal were the father and the son and that they are also the owner and the driver of the tractor, respectively. Keeping in view aforesaid, no case for interference in the order of learned Tribunal is made out. Accordingly the appeal is dismissed. The amount under deposit before this Court be remitted to learned Tribunal by the Office within two weeks, to be disbursed to the claimants as per rules. Office shall send a copy of this order to the learned Tribunal within two weeks from today. On receipt of the said order, the learned Tribunal shall inform the claimants.
Order Date :- 21.4.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench