The New India Assurance Co. Ltd. vs Smt. Santoshi And 7 Ors.
2013 Latest Caselaw 2073 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Reserved
 

 

 
First Appeal From Order No. 1291 of 2013
 
The New India Insurance Company Limited through its Branch Manager, Manavta Niwa, Bariaghat,Mirzapur....................Appellant/Defendant No.3.
 
Vs.
 
Smt. Santoshi and others................................Claimants/Respondents.
 

 

 
Hon'ble Rajes Kumar, J.

Heard learned counsel for the appellant.

The appellant is insurer of a Bus, bearing registration no. U.P. 63F 9198, which was involved in the accident. On account of alleged rash and negligent driving by the driver of the bus, the bus dashed with tree as a result of which deceased Anand Kumar Gond died on the spot.

The contention of the learned counsel for the appellant is that the driver possessed the licence of light goods motor vehicle and heavy goods vehicle while he was driving the bus which was a passengers vehicle and thus, he did not possess the valid and proper licence to drive the bus. This amounts to the breach of policy.

The matter requires consideration.

Admit.

Issue notice.

The appellant may take steps to serve the respondents by registered post.

Until further orders, the operation of the impugned judgment and award dated 27.2.2013 passed by the Special Judge (SC/ST)/Additional District Judge/Motor Accident Claim Tribunal, Mirzapur in Motor Accident Claim Petition No. 75 of 2012 shall remain stayed provided the appellant deposits the entire amount of award within a period of four weeks. Out of the amount deposited, the claimants shall be entitled to withdraw 50% of the amount without any security and 50% of the amount on furnishing security in the form of other than cash or Bank guarantee. Any amount already deposited shall be given adjustment.

Office is directed to remit back the statutory amount to the concerned Tribunal within four weeks.

Date: 14th May,2013

OP