Buvnesh Dutt Dubey vs Icici Lombard Gene.Insurance ...
2023 Latest Caselaw 4438 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Before National Lok Adalat
 
High Court of Judicature at Allahabad
 
Court No. - 45
 

 
Case :- FIRST APPEAL FROM ORDER No. - 3506 of 2012
 
Appellant :- Buvnesh Dutt Dubey
 
Respondent :- Icici Lombard Gene.Insurance Co.Ltd.And Others
 
Counsel for Appellant :- Jyotish Awasthi
 
Counsel for Respondent :- Rahul Sahai
 

 
Hon'ble Vipin Chandra Dixit,J.

The aforesaid appeal has been filed on behalf of the owner of the vehicle against the judgment and award passed by Motor Accident Claims Tribunal by which right of recovery has been given to respondent no.1 I.C.I.C.I. Lombard General Insurance Company Limited on account of breach of insurance policy to pay the entire amount of compensation to the claimant and then to recover the same from the owner of the vehicle/appellant.

The appeal is listed in National Lok Adalat. The authorized representative of respondent no.1 I.C.I.C.I. Lombard General Insurance Company Limited, who is duly identified by Sri Aditya Singh Parihar, learned counsel for the respondent no.1, has moved an application for waiving its right of recovery.

Since the appeal has been filed only to challenge the award to the extent by which the right of recovery has been granted to the respondent no.1 Insurance Company and now the right of recovery has been waived of by the Insurance Company, the appeal filed by owner of the vehicle is liable to be allowed.

The present first appeal from order is accordingly allowed. The amount of Rs.25,000/- deposited by the appellant under Section 173 of M.V. Act, 1988 is remitted back to the concerned Claims Tribunal and shall be paid to the appellant.

.

(Ram Sumer Chaudhary) (Vipin Chandra Dixit, J.)

Member Member

Order Date :- 11.2.2023

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