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2016 Supreme(All) 3818

ATTAU RAHMAN MASOODI
Krishna Kumar – Appellant
Versus
United Insurance Company Ltd. Railwayganj, Hardoi – Respondent


Advocates Appeared:
For the Appellant :- Suresh Chandra Gupta, Anurag Shukla
For the Respondent:- Nischal Jagdhari.

JUDGMENT

Attau Rahman Masoodi, J.

Heard Sri Anurag Shukla, learned counsel for the appellants and Sri Nischal Jagdhari, learned counsel for oppsoite party no. 1 Insurance Company.

2. Both the appeals involving a common question were heard and are being decided finally by a common judgement at the admission stage.

3. These FAFOs filed under Section 173 of the Motor Vehicles Act essentially question the recovery rights granted in favour of the insurance company to recover the amount of compensation awarded by the Motor Accident Claims Tribunal in favour of the claimants i.e. opposite party no. 2 (in FAFO No. 20 of 2016) and opposite parties no. 2 to 5 (in FAFO No. 21 of 2016) which arise out of the same accident that took place on 13.10.2011 and as a result whereof, claim petitions no. 350 of 2013 and 179 of 2013 respectively were filed before the Tribunal at Hardoi.

4. Sri Anurag Shukla, learned counsel for the appellants assailing the impugned awards has urged that the recovery rights granted in favour of the insurance company are bad in the eye of law on more than one count. Firstly it is argued that the Tribunal while recording a finding on the question of validity of driving lice



























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