AO/399/2023
2023 Latest Caselaw 3070 UK

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      Date   or directions                            COURT'S OR JUDGES'S ORDERS
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                             A.O. No. 399 of 2023
                             Hon'ble Vivek Bharti Sharma, J.

Mr. Deepak Rawat, counsel for the appellant/Insurance Company.

None for the respondents.

2. Present appeal is preferred under Section 173 of the Motor Vehicle Act, 1988 against the judgment and order dated 07.07.2023 passed by the M.A.C.T./District Judge, Rudraprayag in M.A.C.P. No. 02 of 2023, whereby the said court has awarded `8,98,750/- in favour of the claimant/respondents against the appellant.

3. Counsel for the appellant/Insurance Company would submit that the Tribunal has erred in law in awarding the compensation of `8,98,750/- to the respondent nos. 1 to 4/claimants as at the time of accident the driver of the offending vehicle did not have hill endorsement on his license.

4. Admit the appeal.

5. Issue notices to the respondent nos. 1 to 6 through ordinary process and registered post acknowledgment due as well as through e-mail and whatsapp, if available.

6. Steps to be taken within a week.

7. Meanwhile, the execution of the impugned judgment and award dated 07.07.2023 passed by the M.A.C.T./District Judge, Rudraprayag in M.A.C.P. No. 02 of 2023 shall remain stayed subject to condition that the appellant/Insurance Company shall deposit the entire amount of award as directed by the Tribunal within a period of three weeks from today adjusting the statutory deposit made by the appellant.

8. Put up on 28.02.2024.

(Vivek Bharti Sharma, J.) 11.10.2023 Mamta