The New India Assurance Company ... vs Mukesh Kumar And 2 Others
2016 Latest Caselaw 7246 ALL

Citation : 2016 Latest Caselaw 7246 ALL
Judgement Date : 25 November, 2016

Allahabad High Court

The New India Assurance Company ... vs Mukesh Kumar And 2 Others on 25 November, 2016

Bench: B. Amit Sthalekar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 3281 of 2016
 

 
Appellant :- The New India Assurance Company Limited
 
Respondent :- Mukesh Kumar And 2 Others
 
Counsel for Appellant :- Arun Kumar Shukla
 

 
Hon'ble B. Amit Sthalekar,J.

Heard Shri Arun Kumar Shukla, learned counsel for the appellant.

The appellant is the insurance company.

The appellant is seeking set aside of the award dated 4.8.2016 passed by Motor Accident Claim Tribunal/Additional District Judge, Court No.3, Jhansi in Motor Accident Claim Petition No.166 of 2009, wherein a sum of Rs.85,995/- has been awarded to the respondent No.1.

The contention of the appellant is that the accident occurred on 3.3.2009 and on that date the tractor, vehicle in question, was not insured with the insurance company. While deciding issue no.3, the Tribunal has recorded a finding that the tractor owner prepared the draft on 24.2.2009, which was encashed by the insurance company on 14.3.2009 and, therefore, the insurance company was held to be liable.

Learned counsel for the appellant submits that the period of insurance was from 9.3.2009 to 8.3.2010. The draft along with the policy form was prepared on 9.3.2009 and it is only thereafter that draft has been submitted by the insurance company for encashment. Therefore, merely preparing the draft without submitting the insurance policy would not mean that the vehicle in question was insured.

The matter requires consideration.

Issue notice to the respondents returnable within six weeks. The appellant shall take steps for service on the respondents within one week.

All the respondents may file their counter affidavit within six weeks to the affidavit filed in support of the stay application.

Till the next date of listing, the award dated 4.8.2016 passed by the Motor Accident Claim Tribunal/Additional District Judge, Court No.3, Jhansi in Motor Accident Claim Petition No.166 of 2009 shall remain stayed.

Order Date :- 25.11.2016

Ashish Nayan