High Court · 2025

Petitioner :- Tata Aig General Insurance Company Thru. Authorized Representative Lko. Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Transport Lko. And 4 Others Counsel for Petitioner :- Neha Mishra,Aman Srivastava,Shikhar Upadhyay,Srijan Sinha Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard Shri Chirojit Mukherjee, learned counsel for the petitioner. Notice on behalf of the respondent No.1 has been accepted by the office of the Chief Standing Counsel. By means of the instant petition, the petitioner prays for the following reliefs:- "1. consider this petition and set aside the Order dated 08.07.2023 (Ann.No.4) passed by the Lok Adalat presided by the Presiding Officer, Motor Accident Claims Tribunal, Sultanpur thereby recording settlement between the claimants and the petitioner insurance company, and the order dated 15.09.2023 (Ann.No.5) passed by the learned Presiding Officer, MACT, Sultanpur whereby the money deposited by the petitioner insurance company pursuant to the settlement was directed to be released to the claimants in connection with Claim Petition No.325/2019;

2. In the alternative direct the Motor Accidents Claim Tribunal, Sultanpur to decide the Miscellaneous Application 270 of 2024 in a time bound manner as may deem fit and proper to this Hon'ble Court." The submission of the learned counsel for the petitioner is that an accident had occurred on 25.02.2019, wherein Yashwant Kumar was the victim and he died in the said accident. The son of the deceased, who is the respondent No.4 herein had given an information to the police authorities on 10.03.2019 indicating that the vehicle involved in the said accident was bearing No.UP-32-DA-2240. It is stated that thereafter another application was given by the respondent No.4 on 06.06.2019 wherein the said accident was given reported but with a different vehicle number and this time it was stated that the accident had occurred with vehicle bearing No.UP-14-DH- 8320. It is in the aforesaid context that the respondents No.3 to 5 had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988. During pendency of the proceedings, the parties entered into a compromise before the Lok Adalat on 08.07.2023 and the entire claim was settled for a total consideration of Rs.50,00,000/-. It is the case of the petitioner that after the settlement award was made in Lok Adalat, the petitioner Company received information from the alleged driver that the vehicle number which is said to have been insured with the petitioner company was not involved in the accident and he also provided certain applications which are said to have been moved by the respondent No.4 herein and have been brought on record as Annexure No.14 cumulatively with this petition. On the aforesaid basis, the contention of the learned counsel for the petitioner is that the said award was actuated by fraud and in such circumstances, the same deserves to be set aside. It has also been pointed out that the petitioner had also moved an application seeking a recall of the settlement award before the MACT concerned. In the interregnum, the claimants i.e. the respondents No.3 to 5 had preferred a petition before a Coordinate Bench of this Court with the prayer that the amount as settled in the Lok Adalat may be disbursed in favour of the claimants-respondents. It is further stated that a Coordinate Bench of this Court in a writ petition bearing A-227 No.2157 of 2024 disposed of the said petition vide its order dated 08.11.2024 with a direction to the MACT concerned to pass appropriate orders regarding the disbursement of the amount. This order dated 08.11.2024 has been brought on record as Annexure No.9 with this petition and it has further been stated that upon coming to know of the order passed by the High Court, the petitioner herein moved an application for recall in reference to the said petition bearing A-227 No.2157 of 2024. The said application came to be dismissed by a Coordinate Bench of this Court by means of its order dated 13.12.2024. Thereafter, the petitioner approached the Apex Court by filing Special Leave Petition (Civil) Diary No.25484/2025, wherein the Apex Court vide its order dated 17.07.2025 accepted the contention of the learned counsel for the petitioner herein to the effect that they would move an appropriate application for seeking quashing of the award dated 08.07.2023 passed by the Lok Adalat. Considering the request so made, the Apex Court permitted the petitioner to withdraw the Special Leave Petition with liberty to agitate the same before the appropriate forum. It has also been pointed out that the petitioner had already taken recourse and have moved an application before the MACT concerned for recall which is brought on record as Annexure No.8 with this petition. Since, the issue as to whether any fraud has been committed or the award is actuated by fraud is the subject matter which requires both scrutiny of facts and resultant law as applicable. This Court, at this stage, is not inclined to interfere for the simple reason that the application has already been moved before the MACT which is already seized of the matter. It has been informed that the next date therein is 21.08.2025. It has also been informed that the private-respondents are already appearing in the said case, hence, for all the aforesaid reasons, this Court is not inclined to interfere. However, it shall be open for the petitioner to get redressal of its grievance before the Court concerned, needless to say that the MACT concerned shall also take note of the order passed by the Apex Court as well as this Court and expedite the matter. It is made clear that this Court has not examined the contention of the petitioner on merits and it will be open for the MACT concerned to pass appropriate orders after affording an opportunity to the parties, but without granting unnecessary adjournments to either of the parties strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 6.8.2025 Rakesh/- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Petitioner :- Tata Aig General Insurance Company Thru. Authorized Representative Lko. Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Transport Lko. And 4 Others Counsel for Petitioner :- Neha Mishra,Aman Srivastava,Shikhar Upadhyay,Srijan Sinha Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard Shri Chirojit Mukherjee, learned counsel for the petitioner. Notice on behalf of the respondent No.1 has been accepted by the office of the Chief Standing Counsel. By means of the instant petition, the petitioner prays for the following reliefs:- "1. consider this petition and set aside the Order dated 08.07.2023 (Ann.No.4) passed by the Lok Adalat presided by the Presiding Officer, Motor Accident Claims Tribunal, Sultanpur thereby recording settlement between the claimants and the petitioner insurance company, and the order dated 15.09.2023 (Ann.No.5) passed by the learned Presiding Officer, MACT, Sultanpur whereby the money deposited by the petitioner insurance company pursuant to the settlement was directed to be released to the claimants in connection with Claim Petition No.325/2019;

2. In the alternative direct the Motor Accidents Claim Tribunal, Sultanpur to decide the Miscellaneous Application 270 of 2024 in a time bound manner as may deem fit and proper to this Hon'ble Court." The submission of the learned counsel for the petitioner is that an accident had occurred on 25.02.2019, wherein Yashwant Kumar was the victim and he died in the said accident. The son of the deceased, who is the respondent No.4 herein had given an information to the police authorities on 10.03.2019 indicating that the vehicle involved in the said accident was bearing No.UP-32-DA-2240. It is stated that thereafter another application was given by the respondent No.4 on 06.06.2019 wherein the said accident was given reported but with a different vehicle number and this time it was stated that the accident had occurred with vehicle bearing No.UP-14-DH- 8320. It is in the aforesaid context that the respondents No.3 to 5 had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988. During pendency of the proceedings, the parties entered into a compromise before the Lok Adalat on 08.07.2023 and the entire claim was settled for a total consideration of Rs.50,00,000/-. It is the case of the petitioner that after the settlement award was made in Lok Adalat, the petitioner Company received information from the alleged driver that the vehicle number which is said to have been insured with the petitioner company was not involved in the accident and he also provided certain applications which are said to have been moved by the respondent No.4 herein and have been brought on record as Annexure No.14 cumulatively with this petition. On the aforesaid basis, the contention of the learned counsel for the petitioner is that the said award was actuated by fraud and in such circumstances, the same deserves to be set aside. It has also been pointed out that the petitioner had also moved an application seeking a recall of the settlement award before the MACT concerned. In the interregnum, the claimants i.e. the respondents No.3 to 5 had preferred a petition before a Coordinate Bench of this Court with the prayer that the amount as settled in the Lok Adalat may be disbursed in favour of the claimants-respondents. It is further stated that a Coordinate Bench of this Court in a writ petition bearing A-227 No.2157 of 2024 disposed of the said petition vide its order dated 08.11.2024 with a direction to the MACT concerned to pass appropriate orders regarding the disbursement of the amount. This order dated 08.11.2024 has been brought on record as Annexure No.9 with this petition and it has further been stated that upon coming to know of the order passed by the High Court, the petitioner herein moved an application for recall in reference to the said petition bearing A-227 No.2157 of 2024. The said application came to be dismissed by a Coordinate Bench of this Court by means of its order dated 13.12.2024. Thereafter, the petitioner approached the Apex Court by filing Special Leave Petition (Civil) Diary No.25484/2025, wherein the Apex Court vide its order dated 17.07.2025 accepted the contention of the learned counsel for the petitioner herein to the effect that they would move an appropriate application for seeking quashing of the award dated 08.07.2023 passed by the Lok Adalat. Considering the request so made, the Apex Court permitted the petitioner to withdraw the Special Leave Petition with liberty to agitate the same before the appropriate forum. It has also been pointed out that the petitioner had already taken recourse and have moved an application before the MACT concerned for recall which is brought on record as Annexure No.8 with this petition. Since, the issue as to whether any fraud has been committed or the award is actuated by fraud is the subject matter which requires both scrutiny of facts and resultant law as applicable. This Court, at this stage, is not inclined to interfere for the simple reason that the application has already been moved before the MACT which is already seized of the matter. It has been informed that the next date therein is 21.08.2025. It has also been informed that the private-respondents are already appearing in the said case, hence, for all the aforesaid reasons, this Court is not inclined to interfere. However, it shall be open for the petitioner to get redressal of its grievance before the Court concerned, needless to say that the MACT concerned shall also take note of the order passed by the Apex Court as well as this Court and expedite the matter. It is made clear that this Court has not examined the contention of the petitioner on merits and it will be open for the MACT concerned to pass appropriate orders after affording an opportunity to the parties, but without granting unnecessary adjournments to either of the parties strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 6.8.2025 Rakesh/- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench