Oriental Insurance Co Ltd vs Smt. Jashoda And Others
2022 Latest Caselaw 1620 ALL

Citation : 2022 Latest Caselaw 1620 ALL
Judgement Date : 27 April, 2022

Allahabad High Court

Oriental Insurance Co Ltd vs Smt. Jashoda And Others on 27 April, 2022

Bench: Vipin Chandra Dixit




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 
Case :- FIRST APPEAL FROM ORDER No. - 3112 of 2003
 
Appellant :- Oriental Insurance Co Ltd
 
Respondent :- Smt. Jashoda And Others
 
Counsel for Appellant :- Kuldip Shanker Amist
 
Counsel for Respondent :- R.K. Porwal
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Kuldeep Shanker Amist, learned counsel for the appellant and Sri R.K. Porwal, learned counsel appearing for respondent nos1 to 4. No one is present on behalf of respondent nos.5, 6 & 7.

This first appeal from order has been filed by the appellant against the judgment and award dated16.8.2003 passed by Additional District Judge (Court No.2)/Motor Accident Claims Tribunal, Etawah in M.A.C.P. No.57 of 1999, by which the claim petition filed by the claimants-respondents was partly allowed and compensation of Rs. 2,92,500/- alongwith 7% interest has been awarded to the claimants on account of death of Smt. Rajkumari.

Sri R.K. Porwal, learned counsel for the claimants-respondents has raised preliminary objection that since right of recovery has already been given by the Claims Tribunal to the appellant to recover the amount of compensation from the owner of the vehicle, the appeal filed on behalf of Insurance Company is not maintainable.

Learned counsel for the appellant does not dispute the aforesaid fact.

In view of the judgment of the Apex Court rendered in the case of National Insurance Company Ltd. Vs. Swaran Singh and others [2004 (3) SCC 297] and a Division Bench of this Court in the case of M/s United India Insurance Company Ltd. vs. Smt. Maya Devi and others [2013(1) AICC 754] since the right of recovery had been granted to the Insurance Company to recover the awarded amount from the owner of vehicle, the instant appeal preferred by the Insurance Company is not maintainable.

The instant First Appeal From Order is accordingly dismissed.

Interim stay order, if any, stands vacated.

Order Date :- 27.4.2022

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