Hon'Ble Vivek Bharti Sharma vs The Reliance General
2023 Latest Caselaw 2373 UK

Citation : 2023 Latest Caselaw 2373 UK
Judgement Date : 21 August, 2023

Uttarakhand High Court

Hon'Ble Vivek Bharti Sharma vs The Reliance General on 21 August, 2023

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                    COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures
                                      AO No. 330 of 2023
                                      Hon'ble Vivek Bharti Sharma, J.

Mr. V. K. Kohli, Senior Advocate assisted by Mr. Kanti Ram, counsel for the appellant.

2. Counsel for the appellant would submit that the Tribunal has given the right to pay and recover to the Insurance Company, however, he placed reliance upon the judgment of Hon'ble Apex Court in the case of 'Balu Krishna Chavan Vs. The Reliance General Insurance Company Ltd. & Ors. 2022 LiveLaw (SC) 932' as well as the judgment of this Court in the case of 'United India Insurance Co. Ltd. vs. Smt. Tara Devi & Ors. 2009(2) U.D., 541' in which, it is held that in the cases of M.A.C.T, the Tribunal has no power to give the right to the Insurance Company of pay and recover of the compensation amount and the same lies with the Apex Court under Article 142 of the Constitution of India.

3. Counsel for the appellant would submit that the negligence of the driver was also not proved on record, therefore, they could have not been awarded any compensation against the appellant/Insurance Company.

4. Admit the appeal.

5. Issue notices to the respondents through ordinary process, registered post acknowledgment due as well as through e-mail address and WhatsApp contact, if available.

6. Steps to be taken within a week.

7. Considering the submissions made by the counsel for the appellant/Insurance Company it is directed that execution of the impugned judgment and award dated 29.05.2023 shall remain stayed, subject to deposit of 50% of the entire awarded amount before the Tribunal concerned within four weeks from today adjusting the statutory deposit made by the appellant.

8. List this matter on 10.11.2023.

9. Stay application (IA No. 01 of 2023) stands disposed of accordingly.

(Vivek Bharti Sharma, J.) 21.08.2023 Akash