AO/171/2019
2021 Latest Caselaw 1046 UK

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                                  AO No. 171 of 2019
                                  Hon'ble Ravindra Maithani, J.

Ms. Aklema Parveen, Advocate holding brief of Mr. H.C. Pande, Advocate for the appellant.

Mr. Yogesh Kumar Pacholia, Advocate for the respondents.

In this appeal, against the judgment and award 23.01.2019, passed in MACP no.01 of 2017, Smt. Nandi Devi and another Vs. Suraj Kumar and others, by the Motor Accidents Claims Tribunal/Additional District Judge, Bageshwar; on 25.04.2019, the effect and operation of the impugned order was stayed, subject to the appellant deposited 50% of the awarded amount.

Now, Money Withdrawal Application (IA) No.5382 of 2021, has been filed by the claimants. It is stated that 50% of the amount has already been deposited.

Learned counsel for the appellant would submit that since the driver of the offending vehicle did not have the valid driving license, therefore, the liability has wrongly been fasten with the insurance company.

On behalf of the claimants, it is submitted that at the most the insurance company may recover from the owner of the offending vehicle.

Be it as it may, these are the issues, which should fall for consideration during final hearing. The claimants seek withdrawal.

Money withdrawal application is allowed.

The claimant may withdraw the amount, which has been deposited.

(Ravindra Maithani, J.) 22.03.2021

Sanjay