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2025 DAILYLAW 44147 (ALL)

UNITED INDIA INSURANCE CO. LTD. v. SMT. MAYA DEVI AND 2 ORS.

FAFO/2068/2014 · 2025-05-26

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90699 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 2068 of 2014 Appellant :- United India Insurance Co. Ltd. Respondent :- Smt. Maya Devi And 2 Ors. Counsel for Appellant :- Amit Manohar Counsel for Respondent :- Pradyumn Kumar Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the parties. 2. The present appeal has been preferred by the appellant- insurance company against the award dated 03.04.2014 passed by the Motor Accident Claims Tribunal/Special Judge (E.C. Act), Farrukhabad (hereinafter referred to as 'Tribunal') in M.A.C.P. No.66 of 2013 whereby Tribunal has awarded Rs.7,18,028/- alongwith 6% interest as compensation to the claimants/respondent nos.1 & 2. 3. Challenging the aforesaid award, learned counsel for the appellant has contended that in the instant case, the driver of offending vehicle i.e. Maruti Car was not holding a valid driving licence inasmuch as he was authorised to drive the Tractor and not the light motor vehicle, therefore, owner of the offending vehicle has committed breach of insurance policy, and Tribunal has erred in law in fixing the liability upon the appellant to pay compensation. 4. Be that as it may, the contention advanced by the learned counsel for the appellant is misconceived in view of the judgement of Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Ltd. 2017(14) SCC 663. Therefore, the contention advanced by the learned counsel for the appellant is rejected. 5. Consequently, the appeal lacks merit and is hereby dismissed with no order as to costs. Order Date :- 27.5.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad