Unknown vs General Manager
2021 Latest Caselaw 2321 UK

AO No. 108 of 2021
Hon'ble Ravindra Maithani, J.

Mr. Pankaj Purohit, Advocate for the appellant. This matter is heard through video conferencing. Instant appeal is preferred against the judgment and award dated 22.02.2021, passed in Motor Accident Claims Petition No. 92 of 2019, Rajendra Kumar vs. General Manager, Uttarakhand Road Transport Corporation and others, by the Motor Accident Claims Tribunal/IInd Additional District and Sessions Judge, Haldwani, District Nainital.

Heard.

Admit.

Issue notice to the respondents.

STAY APPLICATION

Learned counsel for the appellant would submit that, in fact, the driver and transport corporation had taken a plea of a contributory negligence but no issue was framed on it and it resulted in an error in the eye of law while passing the impugned order. The Court does not see any reason to stay the execution. The appellant may deposit the awarded sum which shall definitely remain subject to order of this court.

(Ravindra Maithani,J.) 08.07.2021 Nahid