Court No. - 1

Case :- FIRST APPEAL FROM ORDER No. - 1275 of 2013

Appellant :- United India Insurance Co. Ltd.

Respondent :- Safiq Ahmed And 5 Ors.

Counsel for Appellant :- Amit Manohar

Counsel for Respondent :- Amit Kumar Sinha,Raj Kumar Maurya

Hon'ble Vivek Agarwal,J.

This bunch of appeals filed by the Insurance Company originate

from different awards dated 17.1.2013 and 10.4.2015 though

the accident is common in all the appeals.

The only ground which has been urged by learned counsel for

the appellant is that the learned Tribunal failed in not taking

into account factum of contributory negligence of Appe three

wheeler though as per the spot map it is evident that accident

took place due to head on collusion on G.T. Road on spot-A

where Appe was coming from Mooratganj to Allahabad

whereas ford Endeavour insured with the Insurance Company

was travelling from Allahabad to Mooratganj. It is submitted

that this accident took place almost in the centre of the road and

one Jamman who also was injured in the accident stated that

three wheeler was over loaded and was being driven at a high

speed in a rash and negligent manner.

Sri Amit Kumar Saxena on the other hand submits that firstly

Nakhsha Najri i.e. the spot map has not been proved by the

Insurance Company or any other independent witness before

the learned claims Tribunal, therefore no adverse finding can be

drawn on the basis of Nakhsha Najri.

Secondly, Jamman in his cross examination has though said that

vehicle was being driven at a high speed in a rash and negligent

manner but has not deposed that accident took place because of

negligence of the driver of the three wheeler.

In view of the such evidence which has come on record, I do

not find any infirmity or illegality in the impugned award

inasmuch as Insurance Company has failed to discharge its

burden to bring on record factum of contributory negligence,

through any independent witness, therefore appeals fail and are

dismissed.

Order Date :- 6.1.2021

Arif