THE NATIONAL INSURANCE COMPANY LIMITED v. SMT. KAMLESH AND 4 OTHERS
FAFO/1499/2025 · 2025-07-16
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70732 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70732 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:115931 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 1499 of 2025 Appellant :- The National Insurance Company Limited Respondent :- Smt. Kamlesh And 4 Others Counsel for Appellant :- Ajay Singh Hon'ble Saral Srivastava,J.
1. Heard Sri Ajay Singh, learned counsel for the appellant.
2. The present appeal has been preferred by the appellant- insurance company challenging the award dated 15.03.2025 passed by the Presiding Officer/Motor Accident Claims Tribunal, Kannauj (hereinafter referred to as 'Tribunal') in M.A.C.P. No.207 of 2019 whereby the Tribunal has awarded Rs.5,00,000/- along with 7% interest as compensation to the claimants/respondent nos.1 & 2.
3. From perusal of the award, it is evident that the appellant- insurance company has been given right of recovery, and therefore, the appellant-insurance company is not an aggrieved party by the impugned award.
4. The law on the point that if the owner has committed breach of insurance policy, the insurance company is liable to pay award, and thereafter, recover it from the owner, is settled by the judgement of Apex Court in the case of National Insurance Company Ltd. Vs. Swaran Singh & Others, AIR 2004 SC 1531 wherein Apex Court has held that in case of breach of terms and conditions of policy, the insurance company should pay the award, and thereafter, recover it from the owner of the vehicle.
5. Since the appellant-insurance company is not an aggrieved party by the impugned award, therefore, appeal lacks merit and is hereby dismissed with no order as to costs. Order Date :- 17.7.2025/Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad