AO/188/2023
2023 Latest Caselaw 1407 UK

Citation : 2023 Latest Caselaw 1407 UK
Judgement Date : 19 May, 2023

Uttarakhand High Court

AO/188/2023 on 19 May, 2023

                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. 188 of 2023
                                  Hon'ble Pankaj Purohit, J.

Mr. Shankar Aggarwal, learned counsel for the appellant.

2. Heard learned counsel for the appellant.

3. This is an Appeal filed on behalf of the appellant - Oriental Insurance Company Ltd. against the judgment and order dated 10.02.2023, passed by Motor Accidents Claims Tribunal/Ist Additional District Judge, Kashipur, District Udham Singh Nagar in M.A.C.P. No. 402 of 2018, "Smt. Kusum and Another Vs. Shri Satpal Singh and Others" by which, the claim petition has been allowed and a sum of `6,37,784/- has been awarded against the appellant @ 6% simple interest, per annum from the date of filing of the claim petition, till the actual payment is made.

4. It is submitted by learned counsel for the appellant that there is contradiction in the mannerism of the accident, in which, deceased lost his life. On the one hand, it is written that, it is an accident of head-on collusion between a motorcycle and a tractor trolley while in the same judgment, in para nos.39 and 42, it has been stated that the accident resulted due to a dash on the motorcycle from behind.

5. It is further stated by learned counsel for the appellant that the claim petition has been decided by the same learned trial court where the liability against the insurance company has been fastened 70%, while in the present case the entire liability has been fastened upon the appellant.

6. Admit the appeal.

7. Summon the Lower Court Record.

8. List this case on 20.06.2023.

9. Considering the submission of learned counsel for the appellant, it is directed that execution of the impugned judgment and award shall remained stayed, subject to deposit of the entire decretal amount before the Tribunal concerned within a period of four weeks from today, adjusting the statutory deposit made by the appellant.

(Pankaj Purohit, J.) 19.05.2023

Shubham