Allahabad High Court
Shyam Sunder vs Mangal Singh And Another on 26 May, 2022
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 4208 of 2017
Appellant :- Shyam Sunder
Respondent :- Mangal Singh And Another
Counsel for Appellant :- Anil Kumar Srivastava,Gaurav Srivastava
Counsel for Respondent :- Amit Singh,Kirti Kumar Singh
Hon'ble Vipin Chandra Dixit,J.
1. Heard Sri Gaurav Srivastava, learned counsel for appellant, Sri Amit Singh, learned counsel for respondent no.2/United India Insurance Company Limited and perused the record.
2. The present first appeal from order has been filed by appellant against the judgment and award dated 26.08.2017 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No.9, Agra in M.A.C.P. No.488 of 2009 (Sri Mangal Singh Vs. United India Insurance Company Limited and another), by which the claim petition filed by claimants-respondent no.1 was partly allowed and the compensation of Rs.1,09,688/- along with 7% interest has been awarded to the claimant-respondent no.1 and liability has been fixed upon appellant being owner of vehicle.
3. It is submitted by learned counsel for appellant that driving license of Ajay Kumar, driver of truck was handed over to the surveyor at the time of claim of own damages and the Insurance Company had already paid Rs.19,400/- through cheque no.148575 dated 23.7.2009 to the appellant, who is vehicle owner in respect of damages to the truck. It is further submitted that once own damage claim has been paid by the Insurance Company, it is not open to the Insurance Company to dispute the validity of driving license in the present case.
4. Sri Amit Singh, learned counsel appearing for respondent no.2/Insurance Company, has not disputed this fact that own damage claim had already been paid to the appellant in respect of damages to the truck.
5. Considering the rival submissions of learned counsel for the parties and from perusal of record, it is apparent that own damage claim has already been paid by the respondent Insurance Company to the appellant in respect of damages to truck and as such it is not open to the Insurance Company to dispute the validity of the driving license on later stage.
6. In view of above, the appeal preferred by owner of truck is allowed and the judgment and award of the Claims Tribunal dated 26.08.2017 is modified to the extent that respondent no.2/United India Insurance Company Limited/insurer of truck no.HR-38/C-7187 is liable to pay compensation to the claimant as awarded by Claims Tribunal and the appellant/owner of truck is exonerated from any liability.
7. The respondent no.2 United India Insurance Company Limited is directed to pay the entire awarded amount including interest to the claimant-respondent no.1 within two months from today.
8. Rs.25,000/- deposited by appellant before this Court is remitted back to Claims Tribunal and shall be refunded to the appellant without furnishing any surety.
9. No order as to costs.
Order Date :- 26.5.2022
Kpy
