Thru.Branch Manager vs Counsel for Appellant(s)

Heard learned counsel for the appellant-Insurance Company, Sri Dhirendra Chaturvedi, learned counsel appearing on behalf of respondent-UPSRTC and Mohd. Ashraf holding brief of Sri Farooq Ayoob, learned counsel for respondent nos.5 & 6 as well as Sri Suhail Kashif, learned counsel for claimants-respondents and perused the material available on record. This First Appeal From Order has been filed under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to as 'Act, 1988') by the appellant-United India Insurance Company Ltd. being aggrieved by order dated 18.10.2016 passed by the Motor Accident Claim Tribunal/Additional District Judge, Court No.4, Barabanki (hereinafter referred to as 'Tribunal') in MACP No.46 of 2015 - Smt. Ranjeeta Kumari and others Vs.The United India Insurance Company Ltd and others awarding a sum of Rs.4,85,000/- with simple interest at the rate of 7% from the date of claim petition till its realization which is payable within thirty days from the date of the award. Factual Matrix :- The alleged accident had occurred on 13.10.2014 while Sunil Kumar Rawat (deceased) was returning home on his motorcycle, 2 FAFO No. 97 of 2017 bearing registration No. UP 41-S/8797, from his native village, Rasauli, after completing the farming work. He was riding slowly on the left side of the road and around 06:40 in the evening, near Kotwali Barabanki, a roadways bus bearing No. UP-41 T 6517, driven rashly and negligently by the bus driver on the wrong side, collided with the motorcycle of the deceased. In the accident, the deceased was grievously injured. He was immediately taken to the District Hospital, Barabanki, and after initial treatment, he was referred to the Trauma Center, Lucknow. Unfortunately, during the treatment at Trauma Center, Lucknow, he succumbed to his injuries on 14.10.2014. Subsequently, the respondents/claimants filed a claim petition (No. MACP 46 of 2015) before the Motor Accident Claims Tribunal, Barabanki, seeking award and compensation. The learned Tribunal awarded a compensation amount of Rs. 4,85,000/- along with simple interest at the rate of 7% from the date of the claim petition until its realization which was payable within thirty days. Arguments of the counsel for the appellant Mr. Anil Kumar Srivastava, learned counsel for the appellant- Insurance Company submits that the accident occurred between the motorcycle and the roadways bus and it was a head-on- collusion as per the site plan. Thereafter a claim petition was filed by the family members of the deceased being the Claim Petition No.46 of 2015 praying for the compensation. He further submits that the learned Tribunal has ignored the plea of contributory negligence and only Paper-Ga has been placed which shows the head-on-collusion. Thus, he submits that it is a case of contributory negligence. He further submits that the permit issued by the UPSRTC was not endorsed the number of vehicles. Arguments of the Counsel for the respondents Per contra, Mr. Suhail Kashif, learned counsel claimants/respondents submits that motorcycle rider had died 3 FAFO No. 97 of 2017 because of the said accident and after perusing all the evidences and documents on record,learned Tribunal has rightly held that the insurance policy was valid and enforceable at the time of alleged accident. He further submits that the Tribunal has considered all the evidences on records and awarded the compensation in favour of the claimants-respondents in a just and proper manner. He further submits that the learned Tribunal has rightly applied the proposition of law declared by the Hon'ble Supreme Court in the case of U.P. State Road Transport Corporation Vs. Kulsum & others, (2011) 8 SCC 142, while passing the award in favour of the claimants. Analysis and conclusion Heard learned counsel for the parties and perused the material available on record. The learned Tribunal after hearing both the parties came to the conclusion that bus had a valid insurance on the date of accident and hence it granted the compensation of Rs.4,85,000/- along with interest at the rate of 7% p.a. The order passed by the learned Tribunal has been assailed by the appellant-Insurance Company by means of the instant appeal. The site plan clearly shows that both of them were on their side the Bus was running on the left side of the road and thus there was no contributory negligence. So far as the second point of learned counsel for the appellant is concerned regarding the valid permit. This point has also been dealt by the learned Tribunal and that all the documents were thoroughly examined. The ground taken by learned counsel for the appellant has no force. Thus, on considering the aforesaid facts, the impugned award and findings of the learned Tribunal are found to be robust and just. Hence, this court does not find any illegality in the impugned order and award dated 18.10.2016 passed by the learned Tribunal in MACP No.46 of 2015 - Smt. Ranjeeta Kumari and others Vs.The 4 FAFO No. 97 of 2017 United India Insurance Company Ltd and others, and there is no sufficient material available to interfere with the same. Thus, the learned Tribunal has rightly fastened the liability to pay the compensation to the appellant and same needs no interference. In view of the aforesaid reasons, the instant appeal sans merit and accordingly dismissed. The award dated 18.10.2016 passed by the learned Tribunal in MACP No.46 of 2015 - Smt. Ranjeeta Kumari and others Vs.The United India Insurance Company Ltd and others is hereby affirmed. The amount deposited before this court shall be remitted to the Tribunal concerned forthwith to be released in favour of the claimants-respondents in accordance with the award passed by the learned Tribunal. The record of the Tribunal shall be returned forthwith along with a copy of this order for compliance as per the impugned award by the learned Tribunal. December 3, 2025 Arjun/- (Prashant Kumar,J.) ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the appellant-Insurance Company, Sri Dhirendra Chaturvedi, learned counsel appearing on behalf of respondent-UPSRTC and Mohd. Ashraf holding brief of Sri Farooq Ayoob, learned counsel for respondent nos.5 & 6 as well as Sri Suhail Kashif, learned counsel for claimants-respondents and perused the material available on record. This First Appeal From Order has been filed under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to as 'Act, 1988') by the appellant-United India Insurance Company Ltd. being aggrieved by order dated 18.10.2016 passed by the Motor Accident Claim Tribunal/Additional District Judge, Court No.4, Barabanki (hereinafter referred to as 'Tribunal') in MACP No.46 of 2015 - Smt. Ranjeeta Kumari and others Vs.The United India Insurance Company Ltd and others awarding a sum of Rs.4,85,000/- with simple interest at the rate of 7% from the date of claim petition till its realization which is payable within thirty days from the date of the award. Factual Matrix :- The alleged accident had occurred on 13.10.2014 while Sunil Kumar Rawat (deceased) was returning home on his motorcycle, 2 FAFO No. 97 of 2017 bearing registration No. UP 41-S/8797, from his native village, Rasauli, after completing the farming work. He was riding slowly on the left side of the road and around 06:40 in the evening, near Kotwali Barabanki, a roadways bus bearing No. UP-41 T 6517, driven rashly and negligently by the bus driver on the wrong side, collided with the motorcycle of the deceased. In the accident, the deceased was grievously injured. He was immediately taken to the District Hospital, Barabanki, and after initial treatment, he was referred to the Trauma Center, Lucknow. Unfortunately, during the treatment at Trauma Center, Lucknow, he succumbed to his injuries on 14.10.2014. Subsequently, the respondents/claimants filed a claim petition (No. MACP 46 of 2015) before the Motor Accident Claims Tribunal, Barabanki, seeking award and compensation. The learned Tribunal awarded a compensation amount of Rs. 4,85,000/- along with simple interest at the rate of 7% from the date of the claim petition until its realization which was payable within thirty days. Arguments of the counsel for the appellant Mr. Anil Kumar Srivastava, learned counsel for the appellant- Insurance Company submits that the accident occurred between the motorcycle and the roadways bus and it was a head-on- collusion as per the site plan. Thereafter a claim petition was filed by the family members of the deceased being the Claim Petition No.46 of 2015 praying for the compensation. He further submits that the learned Tribunal has ignored the plea of contributory negligence and only Paper-Ga has been placed which shows the head-on-collusion. Thus, he submits that it is a case of contributory negligence. He further submits that the permit issued by the UPSRTC was not endorsed the number of vehicles. Arguments of the Counsel for the respondents Per contra, Mr. Suhail Kashif, learned counsel claimants/respondents submits that motorcycle rider had died 3 FAFO No. 97 of 2017 because of the said accident and after perusing all the evidences and documents on record,learned Tribunal has rightly held that the insurance policy was valid and enforceable at the time of alleged accident. He further submits that the Tribunal has considered all the evidences on records and awarded the compensation in favour of the claimants-respondents in a just and proper manner. He further submits that the learned Tribunal has rightly applied the proposition of law declared by the Hon'ble Supreme Court in the case of U.P. State Road Transport Corporation Vs. Kulsum & others, (2011) 8 SCC 142, while passing the award in favour of the claimants. Analysis and conclusion Heard learned counsel for the parties and perused the material available on record. The learned Tribunal after hearing both the parties came to the conclusion that bus had a valid insurance on the date of accident and hence it granted the compensation of Rs.4,85,000/- along with interest at the rate of 7% p.a. The order passed by the learned Tribunal has been assailed by the appellant-Insurance Company by means of the instant appeal. The site plan clearly shows that both of them were on their side the Bus was running on the left side of the road and thus there was no contributory negligence. So far as the second point of learned counsel for the appellant is concerned regarding the valid permit. This point has also been dealt by the learned Tribunal and that all the documents were thoroughly examined. The ground taken by learned counsel for the appellant has no force. Thus, on considering the aforesaid facts, the impugned award and findings of the learned Tribunal are found to be robust and just. Hence, this court does not find any illegality in the impugned order and award dated 18.10.2016 passed by the learned Tribunal in MACP No.46 of 2015 - Smt. Ranjeeta Kumari and others Vs.The 4 FAFO No. 97 of 2017 United India Insurance Company Ltd and others, and there is no sufficient material available to interfere with the same. Thus, the learned Tribunal has rightly fastened the liability to pay the compensation to the appellant and same needs no interference. In view of the aforesaid reasons, the instant appeal sans merit and accordingly dismissed. The award dated 18.10.2016 passed by the learned Tribunal in MACP No.46 of 2015 - Smt. Ranjeeta Kumari and others Vs.The United India Insurance Company Ltd and others is hereby affirmed. The amount deposited before this court shall be remitted to the Tribunal concerned forthwith to be released in favour of the claimants-respondents in accordance with the award passed by the learned Tribunal. The record of the Tribunal shall be returned forthwith along with a copy of this order for compliance as per the impugned award by the learned Tribunal. December 3, 2025 Arjun/- (Prashant Kumar,J.) ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench