National Insurance Co. Ltd. vs Aisha Bibi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2567

ALOK MATHUR
National Insurance Co. Ltd. – Appellant
Versus
Aisha Bibi – Respondent

Advocates appeared:
For the Appellant :R.C.Sharma, Advocate.
For the Respondent:Alok Kirti Mishra, Narendra Pratap Mishra, Advocates.

JUDGMENT

Alok Mathur, J.

Heard Sri R. C. Sharma, learned counsel for the appellant as well as learned counsel for the respondents.

2. This is first appeal preferred against the judgement and order dated 23.7.2001 whereby the claim preferred by the respondents has been allowed.

3. The brief conspectus of facts is that on 13.8.1999 at 3.30 p.m. the deceased Mohd. Akhtar Khan along with Mr. Rafatullah was proceeding through Allahabad - Faizabad Road by scooter having registration No.U.P. D.N.K. 8007 near Payagipur Crossing at P.S. Kotwali Nagar when one jeep having registration No.U.P. 44A/5939 which was being rashly and negligently driven hit the scooter from the front. The result of the said accident was that the deceased and Mr. Rafatullah both fell down and were rushed to the hospital. Mr. Mohd. Akhtar Khan was seriously injured while Mr. Rafatullah was also seriously injured where his right hand was fractured and leg was also injured. Injured Akhtar Khan was referred to Lucknow on 14.8.1999 and was admitted in Gandhi Memorial and Associated Hospitals, K.G.M.U., Lucknow where he succumbed to his injuries on 18.8.1999.

4. The deceased was 32 years of age at the time of the incident a