Nikunj Sanghi vs Smt. Usha Devi And Another
2024 Latest Caselaw 19289 ALL

Allahabad High Court

Nikunj Sanghi vs Smt. Usha Devi And Another on 27 May, 2024

Author: Vipin Chandra Dixit

Bench: Vipin Chandra Dixit

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:95815
 
Court No. - 9
 

 
Case :- FIRST APPEAL FROM ORDER No. - 488 of 2003
 

 
Appellant :- Nikunj Sanghi
 
Respondent :- Smt. Usha Devi And Another
 
Counsel for Appellant :- Vivek Saran
 
Counsel for Respondent :- Suresh Chandra Verma,S.K. Mehrotra,Syed Ali Murtaza
 

 
Hon'ble Vipin Chandra Dixit,J.
 

Heard Sri Vivek Saran, learned counsel for appellant, Sri S.K. Mehrotra, learned counsel appearing for respondent no.2 Insurance Company. No one is present for respondent no.1.

The appellant has filed an application under Order 41 Rule 27 of C.P.C. annexing the judgments passed by Claims Tribunal on the basis of compromise arising out of same accident to accept the same as additional evidence.

No reply has been filed by Insurance Company rebutting the facts of settlement of claim petition on the basis of compromise.

This Court vide order dated 24.4.2024 granted ten days time to the Insurance Company to seek instructions in the matter regarding settlement of other claims arising out of same accident on the basis of compromise. The Insurance Company has not filed any response in compliance of order dated 24.4.2024.

In view of above, the application filed by appellant under Order 41 Rule 27 C.P.C. is allowed. The documents annexed with the application as additional evidence is accepted.

It is submitted by learned counsel for the appellant that the Claims Tribunal has erred in deciding issue of driving licence against the owner and liability has been fixed upon the appellant being owner of vehicle, whereas other claim petitions being M.A.C.P. No.60/70/2000 of 1998 (Shivdhar Vs. Nikunj Sanghi and others), M.A.C.P. No.62/70/2000 of 1992 (Avdesh Kumar Vs. Nikunj Sanghi and others) and M.A.C.P. No.63/70/2000 (Raj Bahadur Vs. Nikunj Sanghi and others) were decided on the basis of compromise. The claims were settled by the Insurance Company admitting its liability after verification of relevant documents i.e. driving licence, registration certificate, F.I.R., post-mortem/injury report, insurance paper etc.

The respondent Insurance Company has not disputed the aforesaid fact that in other cases arising out of same accident, the liability was admitted by the Insurance Company.

Since the Insurance Company has admitted its liability in other cases and the cases were settled on the basis of compromise, the present appeal is liable to be allowed.

The appeal preferred by owner of the vehicle is allowed. The judgment and award dated 22.11.2002 passed by Additional District Judge, Court No.3/M.A.C.T., Farrukhabad in M.A.C.P. No.119/70 of 2000 (Smt. Usha Devi Vs. Sri Nikunj Sanghi and another) is modified to the extent that respondent no.2 The New India Assurance Company Limited is liable to pay the compensation. The appellant owner of the vehicle is exonerated from his liability.

This Court vide order dated 26.2.2003 directed the appellant to deposit 50% of the awarded amount and the claimants were permitted to withdraw the same. The Insurance Company is directed to pay 50% of the awarded amount including interest to the appellant, who is owner of the vehicle and remaining 50% including interest to the claimants-respondents within a period of two months from today.

Order Date :- 27.5.2024

Kpy