Allahabad High Court
Cholamandalam M.S. General ... vs Kamlesh Kumar And 2 Others on 16 May, 2022
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 1784 of 2021
Appellant :- Cholamandalam M.S. General Insurance Co. Ltd.
Respondent :- Kamlesh Kumar And 2 Others
Counsel for Appellant :- Pranjal Mehrotra
Counsel for Respondent :- Rajneesh Tripathi,Kapil Kumar Pandey,Virendra Singh
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Ashish Kumar Gupta, Advocate holding brief of Sri Pranjal Mehrotra, learned counsel for appellant, Sri Rajneesh Tripathi, learned counsel for claimant-respondent no.1 and perused the record. No one is present on behalf of respondent nos.2 and 3.
This first appeal from order has been filed by the appellant Insurance Company against the judgment and award dated 9.12.2015 passed by Special Judge (E.C. Act)/M.A.C.T., Mainpuri in M.A.C.P. No.339 of 2013 (Kamlesh Kumar Vs. Cholamandalam MS General Insurance Company Limited and others), by which the claim petition filed by claimant-respondent no.1 was partly allowed and compensation of Rs.7,10,900/- along with 7% interest has been awarded on account of injuries received by claimant-respondent no.1 in a road accident occurred on 15.6.2013.
The present appeal has been preferred by the appellant mainly on the ground that Bolero Jeep bearing No.UP-75/R-8377 which was insured with the appellant Insurance Company was not involved in the accident. It is further submitted that Investigating Officer after due investigation has submitted final report which also proved that insured vehicle was not involved in the accident.
Learned counsel appearing for claimant-respondent no.1 has submitted that one claim petition being M.A.C.P. No.385 of 2013 was filed by one Mohar Singh, who has also received injuries in the same accident and the claim petition filed by Mohar Singh was allowed by the Claims Tribunal vide judgment and order dated 30.4.2015 and compensation of Rs.4,14,000/- along with 6% interest has been awarded in favour of claimant and the liability of payment has been fixed upon Cholamandalam MS General Insurance Company Limited, the insurer of Bolero Jeep No.UP-75/R-8377.
It is further submitted by learned counsel for claimant-respondent no.1 that award of the Claims Tribunal in M.A.C.P. No.385 of 2013 has not been challenged by the Insurance Company and compensation awarded by the Insurance Company was satisfied and the bank draft of Rs.4,57,079/- dated 28.07.2015 was deposited before the Claims Tribunal which was paid to the injured Mohar Singh.
Lastly, it is submitted that since the Insurance Company has not challenged the award passed in M.A.C.P. No.385 of 2013 (Mohar Singh Vs. Cholamandalam MS General Insurance Company Limited and others), arising out of same accident, it is not open to the Insurance Company to challenge the award on the ground of non-involvement of vehicle.
Learned counsel appearing for appellant does not dispute the aforesaid facts and after verification it has been informed that the Insurance Company had not challenged the award passed in M.A.C.P. No.385 of 2013.
In view of above, since the Insurance Company had not challenged the award of M.A.C.P. No.385 of 2013, arising out of same accident, it is not open to the Insurance Company to challenge the award passed in M.A.C.P. No.339 of 2013, arising out of same accident in the present appeal.
The appeal preferred by Insurance Company is accordingly dismissed.
Interim order, if any, stands vacated.
Order Date :- 16.5.2022
Kpy
