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2025 DAILYLAW 122163 (ALL)

SMT. KUSUM TIWARI AND 2 OTHERS v. SMT. S HEMAMALINI, DEPUTY GENERAL MANAGER UNITED INDIA INSURANCE COMPANY LTD. CHENNAI AND 3 OTHERS

CAPL/352/2025 · 2025-04-11

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20760 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 352 of 2025 Applicant :- Smt. Kusum Tiwari And 2 Others Opposite Party :- Smt. S Hemamalini, Deputy General Manager United India Insurance Company Ltd. Chennai And 3 Others Counsel for Applicant :- Kislaya Tripathi,Phool Bux Singh Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicants. 2. The present application has been filed with the prayer to summon and prosecute the opposite parties for willful and deliberate defiance of order dated 21.11.2024 passed by the Writ Court in Petition No.5525 of 2024; Smt. Kusum Tiwari and Ors. Vs. MACT (North), Lucknow and Anr. 3. Learned counsel for the applicants submits that the Motor Accident Claim No.209/2006 was allowed by Motor Accident Claims Tribunal vide judgment and order dated 29.08.2016, thereafter, appeals were preferred by applicants as well as the insurance company and both the appeals were decided and compensation was enhanced in the appeal of applicants, thereafter, execution application under Section 174 of Motor Vehicles Act was filed which was registered as Misc. Case No.186/2023; Kusum Tiwari and Ors. Vs. United India Insurance Company Limited but the same was not been proceeded, thereafter, the applicants preferred petition under Article 227 No.5525/2024 which was disposed of on 21.11.2024 with the direction to the Tribunal to pay the interest amount to the claimant in accordance with law within a period of two weeks from the date of order on the basis of undertaking given by the counsel for insurance company that the entire amount including the interest shall be paid within a period of two weeks. He further submits that undertaking given before the Court by the counsel for the insurance company is not being honored and the execution case is also not going on, therefore, opposite parties may be summoned and punished accordingly. 4. Considering the submissions of learned counsel for the applicants, going through the contents of application, order of Writ Court as well as other relevant documents, it is evident that aforesaid execution case i.e. Misc. Case No.186/2023 (supra) is pending before the Tribunal and in case, the undertaking given by the counsel for insurance company is not being honored then it is open to the applicants to pursue the execution case in accordance with law. In such circumstances, the present contempt application is misconceived as no contempt is made out against the opposite parties. 5. Accordingly, the present application is hereby dismissed. Order Date :- 11.4.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench