AO/25/2021
2021 Latest Caselaw 999 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                           COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures

                                  AO No.25 of 2021
                                  Hon'ble Ravindra Maithani, J.

Mr. M.K. Goyal, Advocate for the appellant.

Instant petition is filed challenging the Judgment and Order dated 08.12.2020, passed by the Motor Accidents Claims Tribunal, Ramnagar, District Nainital in Motor Accident Claim Petition No.139 of 2019, Sri Tulsa Singh Negi and another Vs. Gopal Singh and others.

Issue notice to the respondents. Summons the LCR.

List thereafter.

Heard on Stay Application (IA) No.1 of 2021.

The total award amount Rs.1,22,793/-. Main challenge is with regard to the validity of the driving license, as to whether, the driver has Transport Vehicle Driving License because what was produced, was a license for Light Motor Vehicle. There are other grounds with regard to amount of compensation. In so far as license issue is concerned, it has been well decided by Hon'ble Supreme Court in the case of Mukund Dewangan Vs. Oriental Insurance Co. Ltd. (2017)14 SCC 663. It holds field as of now, irrespective of the fact that the matter has now been referred to larger Bench in the case of M/s Bajaj Alliance General Vs. Rambha Devi (in Civil Appeal No.841 of 2018) by the Supreme Court.

There shall be no stay with the impugned order. Appellant shall deposit entire amount (including mandatory deposit) and in case, any release application is filed by the claimant they may be released 80% of the deposited amount.

Stay application stands disposed of, accordingly.

(Ravindra Maithani, J.) 18.03.2021

Sanjay