KAMLAWATI Vs. I.C.I.C.I. LOMBARD
LAWS(ALL)-2019-2-217
HIGH COURT OF ALLAHABAD
Decided on February 18,2019

KAMLAWATI Appellant
VERSUS
I.C.I.C.I. Lombard Respondents


Referred Judgements :-

KRISHNA MOHAN KUL VS. PRATIMA MAITY [REFERRED TO]
ANIL RISHI VS. GURBAKSH SINGH [REFERRED TO]
U.P.S.R.T.C. VS. SMT. KAMLA BHARVAVA [REFERRED TO]
A RAGHAVAMMA VS. A CHENCHAMMA [REFERRED TO]
BADAT AND CO BOMBAY VS. EAST INDIA TRADING CO [REFERRED TO]
SHASHI KUMAR BANERJEE VS. SUBODH KUMAR BANERJEE [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. RULA [REFERRED TO]
SUSHIL KUMAR VS. RAKESH KUMAR [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. SWARAN SINGH [REFERRED TO]
SARLA VERMA VS. DELHI TRANSPORT CORPORATION [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI [REFERRED TO]


JUDGEMENT

VIKAS KUNVAR SRIVASTAV,J. - (1.)This First Appeal From Order is moved against the judgment and award dated 04.02.2010 and 11.02.2010 respectively of Motor Accident Claims Tribunal/Additional District Judge, Court no. 1, District Faizabad in Claim Petition No. 66 of 2007 (Nisha Verma Vs. ICICI Lombard and Others) by the owners of the offending vehicle. Another First Appeal From Order No. 737 of 2010 is moved by Smt. Nisha Verma widow of Anurudh Verma 'deceased' in the Motor Accident, referred to herein-above, for enhancement of the compensation granted by learned court below vide the same judgment and award dated 04.02.2010 and 11.02.2010 impugned in FAFO no. 286 of 2010, aforesaid.
(2.)Since the facts, circumstances and evidences involved in both the appeals are arisen from the same judgment, therefore, the respective arguments in both the appeals are heard.
(3.)The offending motor vehicle the Tractor No. UP-42 E/7710) at the time of accident was alleged to have been insured by the insurer respondent no. 1 in the appeal, the ICICI, Lombard. Vide impugned judgment and award, learned Motor Accident Claims Tribunal, Faizabad, held responsible to the said motor vehicle for causing accident on 27.02.2007 with a motorcycle driven by one Anuruddh Kumar Verma S/o Jairam Verma who suffered severe injuries, battled for life in hospital and ultimately died on 17.03.2007. The Motor Accident Claims Tribunal awarded a compensation to the tune of Rs. 3,75,107/- to the claimant-respondents with direction to the owners/appellants to pay within one month from the date of judgment with interest at the rate of 6% per annum, chargeable from the date of Claim Petition till the actual payment. The Motor Accident Claims Tribunal exonerated the Insurer ICICI, Lombard holding the insurance covernote produced by the appellant owner forged and as such non-existence of any contract of insurance at the relevant time of accident.


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