Royal Sundaram Alliance ... vs Smt. Urmila And 5 Ors.
2014 Latest Caselaw 1332 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1263 of 2014
 

 
Appellant :- Royal Sundaram Alliance Insurance Co. Ltd.
 
Respondent :- Smt. Urmila And 5 Ors.
 
Counsel for Appellant :- Pranjal Mehrotra
 
Counsel for Respondent :- B.P. Verma
 

 
Hon'ble Tarun Agarwala,J.

Hon'ble Akhtar Husain Khan,J.

Admit.

In the instant case, the claimants are resident of Mahamaya Nagar. The accident took place in Agra. The vehicle in question  is registered  in Harayana. The owner and driver have been shown  to be resident of Mathura. Initially the vehicle was unidentified  but subsequent to the investigation  the number of the vehicle came on record.

Section 166 sub clause (2) of the Motor Vehicles Act, 1988, provides that the claimant has an option to file the claim application before the Tribunal within the local limits of whose jurisdiction the claimant resides  or carries on business or within the local limits of whose jurisdiction  the defendant resides and, on this basis, the claim was filed before the Tribunal at Mathura. 

The learned counsel for the appellant has brought to the notice of the Court an order dated  29.1.2014 passed in First Appeal From Order No.290 of 2014. For facility,  the extract of the order is quoted hereunder. 

"It is contended that the same driver has been involved in a large number of accidents alleged to have taken place in district Mathura and various accident claims were filed and awards were made. It is further submitted that the matter was investigated by the investigator  of the Insurance Company and it was found that there is a racket going on in the district, wherein  a few cars and 2-3 drivers are shown  to be involved in the accidents. Prima facie, it appears that the claims are being filed in connivance with the said drivers and the owners of the vehicles. The matter requires scrutiny." 

Shri B.P. Verma has accepted notice on behalf of respondents no.1 to 4.

Issue notice  to the respondents no.5 and 6 by registered post acknowledgment due. 

Steps to be taken within a week. 

List for orders after expiry of six weeks on the date  fixed in the summons, by which time the said respondents may file a counter affidavit.

In the light  of the aforesaid, prima facie there appears to some connivance and, accordingly,  in the  facts and circumstances, we stay the impugned Award dated  7.1.2014 passed by the Tribunal till further orders of this Court.      

Order Date :- 29.4.2014

RU

(Akhtar Husain Khan, J.)   (Tarun Agarwala, J.)