THE ORIENTAL INSURANCE COMPANY LTD. Vs. SHARAFAT
LAWS(ALL)-2017-8-128
HIGH COURT OF ALLAHABAD
Decided on August 24,2017

THE ORIENTAL INSURANCE COMPANY LTD. Appellant
VERSUS
SHARAFAT Respondents

JUDGEMENT

SAUMITRA DAYAL SINGH,J. - (1.) Heard learned counsel for the parties.
(2.) F.A.F.O. No. 2272 of 2010 and other connected appeals listed today, filed by the insurer, arise from an accident that occurred on 9.9.2005, involving a bus owned by Rajkumar-respondent no. 2, bearing registration no. UP12-C/5011 (hereinafter referred to as the bus). It was insured by the present appellant. These appeals arise from ten death cases and six injury cases. Details of the claims involved in all these appeals given as under:- Sl. FAFO No. MACP No. Claimant Name Death/Injury Amount awarded. 1 2558 of 2010 46 of 2006 Hashmi and another Injury case Rs. 26,502/- 2 2560 of 2010 45 of 2006 Yusuf and another Injury case Rs. 10,086/- 3 1299 of 2010 411 of 2005 Devi Singh and another Death case Rs. 1,30,000/- 4 2143 of 2010 360 of 2005 Jai Pal Singh and another Injury case Rs. 29,819/- 5 2144 of 2010 426 of 2005 Harpal Singh and another Injury case Rs. 21,699/- 6 2145 of 2010 361 of 2005 Pravinder Kumar and another Injury case Rs. 21,756/- 7 2557 of 2010 446 of 2005 Kallu and others Death case Rs. 95,000/- 8 2272 of 2010 338 of 2005 Sharafat and others Death case Rs. 1,10,000/- 9 2298 of 2010 420 of 2005 Smt. Amrita and others Death case Rs. 3,70,000/- 10 2260 of 2010 367 of 2005 Ravindra Kumar and others Death case Rs, 2,39,000/- 11 2265 of 2010 421 of 2005 Smt. Husna and others Death case Rs. 3,46,000-/- 12 1300 of 2010 419 of 2005 Rabbani and others Death case Rs. 2,30,000/- 13 2264 of 2010 373 of 2005 Smt. Needan Kaur and another Death case Rs. 1,30,000/- 14 2582 of 2010 457 of 2005 Jaipal and others Death case Rs. 1,30,000/- 15 2315 of 2010 544 of 2006 Smt. Susheela and another Death case Rs. 1,30,000/- 16 2273 of 2010 353 of 2005 Ombir and others Death case Rs. 2,35,000/-
(3.) The claim petition disclosed the name of the owner as bus owner as Rajkumar. The owner of the bus entered appearance and in his written statement contended, at the time of accident, the bus was being driven by one Pravendra Kumar whose driving licence was also produced. The insurer on the other hand stated, the bus was being driven not by Pravendra Kumar but by Shakeel who did not have a valid and effective driving licence.;


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