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2025 DAILYLAW 49218 (ALL)

UNITED INDIA INSURANCE COMPANY LTD v. MAHENDRA AND 8 OTHERS

FAFO/1952/2021 · 2025-05-22

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88393 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 1952 of 2021 Appellant :- United India Insurance Company Ltd Respondent :- Mahendra And 8 Others Counsel for Appellant :- Shreesh Srivastava Counsel for Respondent :- Bhanu Bhushan Jauhari,Rishi Bhushan Jauhari Hon'ble Saral Srivastava,J. 1. Heard counsel for the parties and perused the records. 2. By means of the present appeal, the appellant has challenged the judgment and award dated 02.09.2021 passed by the Presiding Officer, Motor Accident Claims Tribunal, District Shahjahanpur in M.A.C.P. No.354 of 2018, whereby the Tribunal has awarded Rs.8,29,375.00/- (Rupees Eight Lacks Twenty Nine Thousand Three Hundred Seventy Five) as compensation to the respondents, except respondent no.1. 3. Challenging the aforesaid order, the counsel for the appellant has contended that the driver of the offending vehicle was carrying hazardous goods and did not have any endorsement authorizing him to drive a vehicle carrying the said goods. In such view of the fact, the Insurer cannot be held liable to pay the compensation. The impugned order has been passed in a mechanical manner and the same may be quashed by this Court. 4. Be that as it may, from perusal of the records, it appears that the appellant has not set-up any plea that the driver of the offending vehicle was carrying unauthorized goods and, therefore, the driver should have held the endorsement authorizing him to drive his vehicle carrying the said goods. 5. Since, no such plea, as aforesaid, has been raised by the counsel for the appellant before the Tribunal, therefore, it is not a fit case for interference by this Court. 6. Accordingly, the submissions advanced by counsel for the appellant is misconceived. 7. The appeal lacks merits and is, accordingly, dismissed. No order as to costs. Order Date :- 23.5.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad