Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 2510 of 2012 Appellant :- The New India Assurance Com. Ltd. Respondent :- Smt. Jahirunnisha And Others Counsel for Appellant :- Arun Kumar Shukla Counsel for Respondent :- T.I. Khan,Komal Mehrotra
Hon'ble Vipin Chandra Dixit,J.
As per office report dated 2.12.2021, Mr. T.I. Khan and Mr.
S.A. Ansari, Advocates have put in appearance on behalf of respondent nos.1 to 4 and Sri Komal Mehrotra, Advocate has put in appearance on behalf of respondent no.7.
So far as respondents no.5 and 6 are concerned, neither undelivered cover nor acknowledgement has been received back after service.
In view of above, the service upon respondents no.5 and 6 are deemed to be sufficient.
This first appeal from order has been filed by appellant New India Assurance Company Limited against the judgment and award dated 31.3.2012 passed by Motor Accident Claims Tribunal/Additional District and Sessions Judge, Court No.5, Basti in M.A.C.P. No.71 of 2009 (Smt. Jahirunnisa and others Vs. B. Sinaiya and Company (Project) Limited and others) by which compensation of Rs.4,20,000/- along with 7% intereest has been awarded in favour of claimants and liability of payment has been fixed upon the appellant being insurer of Dumper.
Heard Sri Arun Kumar Shukla, learned counsel for appellant, Mr. S.A. Ansari, learned counsel for respondents no.1 to 4, Sri Komal Mehrotra, learned counsel for respondent no.7 and perused the record. No one is present for respondent nos.5 and 6.
It is submitted by learned counsel for appellant that it was a case of head-on collision between dumper and jeep and both the drivers are equally rash and negligent and were responsible for the accident but the Claims Tribunal has committed illegality in fixing the entire liability upon the appellant being insurer of dumper holding sole negligence of driver of dumper.
Learned counsel appearing for claimants-respondents has produced a judgment of Division Bench of this Court dated 14.2.2013 passed in First Appeal From Order No.471 of 2013 (New India Assurance Company Limited Vs. Prabhawati Devi and others), arising out of the same accident and has submitted that Division Bench after considering the entire evidence and material which are available on record had dismissed the appeal preferred by the appellant-Insurance Company being insurer of dumper and the present case is squarely covered with the judgment of Division Bench dated 14.2.2013.
Learned counsel appearing for appellant Insurance Company has not disputed the aforesaid facts.
In view of judgment of Division Bench dated 14.2.2013, the present appeal is liable to be dismissed and is accordingly dismissed.
Interim order dated 4.7.2012 stands discharged.
The claimants-respondents are permitted to withdraw the remaining amount deposited by appellant in pursuance of interim order dated 4.7.2012.
Order Date :- 20.12.2021 Kpy