Sunil Kapoor vs Krishna Singh
2022 Latest Caselaw 6378 ALL

Citation : 2022 Latest Caselaw 6378 ALL
Judgement Date : 8 July, 2022

Allahabad High Court

Sunil Kapoor vs Krishna Singh on 8 July, 2022

Bench: Kaushal Jayendra Thaker




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 786 of 1993
 
Appellant :- Sunil Kapoor
 
Respondent :- Krishna Singh
 
Counsel for Appellant :- S.K. Mehrotra
 
Counsel for Respondent :- S.P. Singh
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Heard Sri S.K. Mehrotra, learned counsel for the appellant. None appeared for the respondent despite the fact that the matter has been called out four times.

By way of this appeal, the appellant has challenged the judgment and award dated 19.5.1993 passed by IVth Additional District Judge, Rampur in Claim Petition No.27 of 1991 awarding compensation of Rs.11,000/- with interest at the rate of 12% for the injuries which were caused.

It is submitted that the vehicle in question namely DIE 8707 was owned by Sri Chaman lal r/o 8/14, W.E.A., Karole Bagh, New Delhi on the relevant date and time of the so called accident and the appellant has no concern with the vehicle in question but he has been maliciously fastened with the so called accident.

It is further submitted that no issue was framed by the Tribunal on this material point whether the vehicle in question belong to the appellant on the relevant date and time (i.e. 4.5.1990 at 9.00 p.m.) of the so called accident, hence, on this ground alone the impugned award is erroneous and liable to be set aside.

The finding of fact goes to show that the vehicle belong to the appellant. It cannot be said that the claim petition was bad for non joining of Insurance Company or the owner. It is not a sine qua non to join Insurance Company as per Motor Vehicles Act. The finding of fact was that the appellant was owner and driver of the vehicle.

In view of the above, the appeal fails and is dismissed.

Interim relief granted in favour of the appellant is vacated forthwith. The amount before this Court be transmitted to the Tribunal and Tribunal to disburse the amount to the claimant forthwith if yet not disbursed.

Order Date :- 8.7.2022

DKS