AO/496/2023
2023 Latest Caselaw 3426 UK

               Office Notes,
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                                 AO No496 of 2023
                                 With
                                 IA/1/2023 (Stay Application)
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. V.K. Kohli, learned Senior Counsel assisted by Mr. I.P. Kohli, learned counsel for the appellant.

Admit.

Summon the LCR.

By the impugned award under challenge the learned Motor Accident Claim Tribunal (MACT) has awarded an amount of Rs.1,41,39,500/- with interest @ 6.5%. The solitary argument of the learned counsel for the appellant is that the award suffers from legal vices, as one, the deduction in the light of the judgment of National Insurance Company Limited v. Pranay Sethi & Ors as reported in (2017) 16 SCC 680 has not been made by the learned MACT and puts challenge to the award limited to the extent of one-fourth of deductions, according to his claim, it ought to have been made to the tune of Rs.32,02,540/-.

Issue notices to the respondents. Steps to serve the respondents would be taken by the learned counsel for the appellant within a period of one week from today.

List after service of notices on the respondents.

The effect and operation of the impugned award would be kept in abeyance so far as it relates to the amount of deduction which has not been made by the learned MACT to the tune of Rs.32,02,540/-.

Accordingly, Stay Application No.IA/1/2023 would stand disposed of.

(Sharad Kumar Sharma, J.) 08.11.2023 Sukhbant