Shiv Raj Singh vs Smt. Reetu And 7 Others
2021 Latest Caselaw 11022 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 
Case :- FIRST APPEAL FROM ORDER No. - 2624 of 2019
 
Appellant :- Shiv Raj Singh
 
Respondent :- Smt. Reetu And 7 Others
 
Counsel for Appellant :- Kamlesh Kumar Tiwari,Bhishm Pal Singh
 
Counsel for Respondent :- Dileep Singh Yadav,Komal Mehrotra,Rajneesh Tripathi
 

 
Hon'ble Vivek Kumar Birla,J.

Order on Delay Condonation Application

Heard Sri Yogendra Kumar Srivastava along with Sri Bhishm Pal Singh, learned counsel for the applicant and Sri Komal Mehrotra, learned counsel appearing for the respondent- Insurance Company.

No counter affidavit has been filed. Cause shown is sufficient.

The application is allowed and the delay in filing the review application is condoned.

Civil Misc. Review Application No. 29 of 2021

Heard Sri Yogendra Kumar Srivastava along with Sri Bhishm Pal Singh, learned counsel for the applicant and Sri Komal Mehrotra, learned counsel appearing for the respondent- Insurance Company.

Seeking review of the order dated 17.11.2020 passed by me in First Appeal From Order, it is submitted that the tractor was not being used for commercial purposes. It was further submitted that deceased was under drunken state and he himself fell down from the tractor. In crux, submission is that since the tractor was not being used for commercial purposes, the liability on the owner cannot be fixed for breach of policy condition.

I have considered all such submissions in my judgment dated 17.11.2020 and I do not find any force in the present review application.

In such view of the matter, present review application stands rejected.

Order Date :- 27.8.2021/Aditya