U.P. State Road Transport ... vs State Of U.P. Through D.M. ...
2023 Latest Caselaw 1214 ALL

Citation : 2023 Latest Caselaw 1214 ALL
Judgement Date : 11 January, 2023

Allahabad High Court

U.P. State Road Transport ... vs State Of U.P. Through D.M. ... on 11 January, 2023

Bench: Kaushal Jayendra Thaker




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- WRIT - C No. - 32949 of 2018
 
Petitioner :- U.P. State Road Transport Corporation
 
Respondent :- State Of U.P. Through D.M. Allahabad And 11 Others
 
Counsel for Petitioner :- Sunil Kumar Misra
 
Counsel for Respondent :- C.S.C.,Amaresh Sinha
 
And
 
Case :- FIRST APPEAL FROM ORDER No. - 2535 of 2010
 
Appellant :- Oriental Insurance Company Ltd.
 
Respondent :- Smt. Kamla Tripathi And Others
 
Counsel for Appellant :- Amaresh Sinha
 
Counsel for Respondent :- Mukesh Kumar Singh,Shri Kant
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Both the matters stem out of judgment and award dated 28.4.2010 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.5, Allahabad in M.A.C.T. Case No. 591 of 2007 (Smt. Kamla Tripathi and others vs. Sunil Kumar and others) awarding compensation of Rs.10,80,197/- with interest at the rate of 7% to the respondent-claimants.

The Writ Petition has been filed by U.P.S.R.T.C. contending that the liability is of the Insurance Company and not of U.P.S.R.T.C. as the vehicle was insured. The Insurance Company has preferred the above appeal contending that as the vehicle was put to the services of U.P.S.R.T.C., it would be the liability of U.P.S.R.T.C. to pay the compensation and not the Insurance Company.

This issue is no longer res integra as the Apex Court in U.P. State Road Transport Corporation Vs. Kulsum and others, 2011(8) S.C.C. 142 has held that it would be the liability of the Insurance Company to indemnify the owner and if there is any defect it would be the Insurance Company who can recover from the owner. The primary onus is on the Insurance Company to indemnify and satisfy the award to the claimant.

To that effect, both appeal and writ petition are disposed of. The amount be deposited forthwith by the Insurance Company. If the U.P.S.R.T.C. has deposited the amount, they would be at liberty to withdraw the amount. However, in the dispute between U.P.S.R.T.C. and Oriental Insurance Company, the claimants should not suffer. The amount be disbursed to the claimants forthwith as more than 13 years have elapsed.

Order Date :- 11.1.2023

DKS