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Allahabad High Court
The New India Assurance Company … vs Shifte Hasnain & Others on 28 January, 2010
Court No. - 34

Case :- FIRST APPEAL FROM ORDER No. - 2367 of 2008

Petitioner :- The New India Assurance Company Ltd.
Respondent :- Shifte Hasnain & Others
Petitioner Counsel :- Nripendra Mishra,S.C. Ojha

Hon'ble Prakash Chandra Verma,J.

Hon’ble Ram Autar Singh,J.

The present First Appeal From Order has been filed by the
appellant-Insurance Company under Section 173 of the
Motor Vehicles Act, 1988 challenging the award dated
09.05.2008 passed by Motor Accident Claims Tribunal in
MACP No. 174 of 2004.

Learned counsel for the claimants/respondents Sri S. D.
Ojha vehemently contended that Tribunal after found that
there was a breach of terms and conditions of insurance
policy as the driving license of the driver of the vehicle in
question was not on the record and further after examining
all the materials on record he directed the Insurance
Company to deposit the awarded amount and has given
right to recover the same from the owner of the vehicle in
question.

Having heard learned counsel appearing on behalf of the
parties and going through the award impugned in the instant
appeal, it reveals that right of recovery has been given to the
appellant, therefore in our veiw the appellant is not agrrieved
person. We do not see any manifest error in the award
passed by the Tribunal, nor learned counsel for the appellant
could point out any illegality or infirmity in the impugned
award. Hence, the award of the Tribunal is confirmed.

The present appeal has no force and is accordingly
dismissed. The interim order, if any, stands vacated.

Order Date :- 28.01.2010.

Rks.


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