Sh. Ajab Singh vs Sh. Yuvraj Singh Alok And 2 Others
2022 Latest Caselaw 11921 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- FIRST APPEAL FROM ORDER No. - 937 of 2021
 

 
Appellant :- Sh. Ajab Singh
 
Respondent :- Sh. Yuvraj Singh Alok And 2 Others
 
Counsel for Appellant :- Sarvesh Kumar Pandey,Rajnikant Pandey
 
Counsel for Respondent :- Anand Prakash Dubey,Santosh Kumar Dubey,Sudhanshu Behari Lal Gour
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Rajnikant Pandey, learned counsel for the appellant, Sri Amitashu Gour, Advocate holding brief of Sri S.B.L. Gour, learned counsel for respondent no.2 and Sri Lavkush Dixit, Advocate holding brief of Sri Santosh Kumar Dubey, learned counsel for respondent No. 1 and perused the record. No one is present for respondent no.3.

This first appeal from order has been filed by the appellant-owner of the vehicle against the judgment and award dated 16.11.2011 passed by the Chairman, Motor Accident Claim Tribunal/District Judge, Gautam Buddh Nagar in M.A.C.P. No.207 of 2010 (Sh. Yuvraj Singh Alok vs. Sh. Sukhay Singh and others) awarding compensation of Rs.7,13,330/- alongwith 6% interest to the claimant-respondent no.1.

It is submitted by learned counsel for the appellant that the appellant is owner of Swaraj Mazda vehicle bearing No. HR-38-K-7180, which was insured on the date of accident with the New India Assurance Company Limited and the Claim Tribunal has erred in fixing liability upon the appellant being owner of the vehicle. It is further submitted that the policy number was mentioned in paragraph 30 of the written statement filed by owner of the vehicle/appellant covering the risk on the date of accident, but due to inadvertent mistake the policy cover note was filed for subsequent year. Policy number mentioned in paragraph 30 of written statement was not verified by the Insurance Company and without any verification, the insurance of vehicle was denied.

Learned counsel appearing for respondent no.2-Insurance Company has submitted that the insurance cover note filed by the appellant did not cover the date of accident, as such the Claim Tribunal has rightly decided issued no.4 holding that the vehicle of the appellant was not insured on the date of accident.

The appellant had filed copy of insurance policy No.311201/31/08/01/00001123 as additional evidence alongwith application under Order 41 Rule 27 C.P.C. which was allowed vide order dated 10.11.2021 by this Court. The Insurance Company has also verified the Insurance Policy and had confirmed that the insurance policy was valid and Swaraj Mazda bearing no. HR-38K-7180 was insured from 15.10.2008 to 14.10.2009, whereas the accident was occurred on 9.6.2009.

Since the vehicle of appellant was insured on the date of accident, the respondent no.2 Insurance Company is liable to pay compensation to the claimant.

In view of above, the instant First Appeal From Order is allowed and the Judgment and award dated 16.11.2011 is modified to the extent that respondent no.2- Insurance Company is liable to pay compensation in place of appellant/owner of the vehicle. The respondent No.2-The New India Assurance Company Limited is directed to pay the entire awarded amount of compensation alongwith interest to the claimant/respondent no.1 within two months from today.

Rupees 25,000/- deposited by the appellant before this Court is remitted back to the concerned Claim Tribunal and shall be paid to the appellant forthwith.

Order Date :- 31.8.2022

P.P.