AO/489/2023
2023 Latest Caselaw 3332 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                     COURT'S OR JUDGES'S ORDERS
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             Registrar's order
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                                 AO No.489 of 2023
                                 Hon'ble Pankaj Purohit, J.

Mr. Siddharth Sah, learned counsel holding brief of Mr. H.C. Pande, learned counsel for the appellant.

2. This appeal against order has been preferred against judgment and award dated 31.07.2023, passed by M.A.C.T./VIIth Additional District Judge, Dehradun in M.A.C.P. No.114 of 2022, Dalveer Singh Negi Vs. Bhopal Kumar Sood and Others, whereby the claim petition was allowed and a sum of ₹6,27,500/- along with interest @ 7% from the date of filing of the claim petition as compensation to be paid by the Insurance Company.

3. Learned counsel for the appellant-Insurance Company submitted that the appeal is being preferred, mainly, on the ground that the vehicle which was involved in the accident was plight on the road in utter violations of terms and conditions of the permit, inasmuch as, in the permit the vehicle was a 'School Bus' and was plying on the road as a 'Private Service Vehicle' to fray the passengers and even this permit was valid upto 20.07.2020 whereas the accident occurred on 28.02.2022.

4. I have perused the judgment and award impugned in this appeal and I am prima-facie satisfied with the argument advanced by learned counsel for the appellant.

5. Admit.

6. Issue notice to the respondents.

7. Steps to be taken within a week.

8. Summon the L.C.R.

9. List this case on 05.12.2023.

10. In the meantime, the impugned judgment and award is stayed provided the appellant-Insurance Company deposits the entire amount excluding the statutory amount deposited by it.

11. Stay Application (IA No.1 of 2023) stands disposed-off accordingly.

(Pankaj Purohit, J.) 03.11.2023 SK