- Court
- High Court of Judicature at Allahabad
- Decided
- 2 November 2023
- Case no.
- FAFO 551/1997
Judgment
Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 551 of 1997 Appellant :- The New India Assurance Company Ltd. Respondent :- Smt. Maya Devi And Others Counsel for Appellant :- Vinod Swarup Hon'ble Saral Srivastava,J.
¶1Heard learned counsel for the appellant.
¶2The present appeal has been filed by the appellant challenging the award dated 11.04.1997 passed by Motor Accident Claims Tribunal/Special Judge Orai, District Jalaun in in M.A.C.P. No.245 of 1988.
¶3Challenging the said award, learned counsel for the appellant has contended that the Tribunal has erred in law in recording a finding that the deceased was covered under the insurance policy. It is contended that the deceased was travelling on truck No. U.H.H-1947 (hereinafter referred to as the 'truck in question') which met with an accident. It is further submitted that the truck was a goods carrying vehicle and no premium had been made covering risk of the passenger on the truck. It is submitted that there are evidence on record which establishes that the deceased was travelling as passenger on the truck in question and no premium had been paid covering the rrisk of passenger of the truck, therefore, the appellant Insurance Company cannot be made liable to pay compensation.
¶4Be that as it may, the Tribunal after considering the submission with regard to coverage of the deceased under the Insurance Policy deliberated that as per the insurance policy, the premium of passenger was also paid, and accordingly, the Tribunal found that since the premium of the passenger was paid, therefore, the Insurance Company cannot escape from its liability to pay compensation. The finding of the Tribunal is based upon proper appreciation of evidence on record, and thus, is not liable to be interfered with by this Court in appeal.
¶5Thus, for the reasons given above, the appeal lacks merit and is accordingly dismissed with no order as to costs. Order Date :- 3.11.2023 NS High Court of Judicature at Allahabad
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