AO/280/2023
2023 Latest Caselaw 3279 UK

                Office Notes,
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                                  IA No. 02 of 2023 (Money Withdrawal Application)
                                  In
                                  AO No. 280 of 2023
                                  Hon'ble Vivek Bharti Sharma, J.

Present Mr. Tarun Pande, counsel for the appellant/owner.

Present Mr. Shailabh Pandey, counsel for the respondent nos. 1 & 2/claimants.

2. Present appeal is preferred against the judgment and award dated 27.04.2023 passed by M.A.C.T./1st Addl. District Judge, Haldwani District Nainital in M.A.C.P. No. 61 of 2019, whereby the compensation of `13,07,612 has been awarded in favour of the respondent nos.1 & 2/claimants.

of 2023) has been filed by the respondent nos. 1 & 2/claimants for withdrawing the amount as deposited by the appellant/Insurance Company in compliance of the order dated 17.07.2023, whereby the appellant was directed to deposit 50% of the awarded amount before the Tribunal concerned.

4. Counsel for the appellant strongly opposed the money withdrawal application on the ground that it was negligence of the deceased that had contributed to the accident, therefore, the amount should not be released in favour of the respondent nos. 1 & 2/claimants.

5. Per contra, counsel for the applicant/respondent nos. 1 & 2/claimants would submit that it has categorically come in the impugned award that the Ambulance was driven at the speed of 100-110 km/h; that, the occupant of Ambulance PW2 Mohd. Aarish has stated in his testimony that he had cautioned the driver of the Ambulance to drive the Ambulance carefully; that, the impact of the accident was so forceful; that, the leg of the deceased got amputated and the ambulance hit the tree on the side of the road and got overturned, therefore, there is no case of contributory negligence of the deceased.

6. In view of the above, the share of the applicant/respondent no. 1/claimant - Kamla be deposited in her account as detailed given in the supplementary affidavit dated 13.10.2023, the same are extracted hereunder:-

  S.     Particulars                  Details
 No.
 1. Account Number        002334001001277
 2. IFSC Code             ICIC00USNDC
 3. Bank Name             Udham Singh Nagar District

Cooperative Bank Ltd., Rudrapur

4. Branch Name Shaktifarm

The Tribunal concerned be directed to deposit the amount directly in the aforesaid account of respondent no. 1/claimant Kamla without waiting for any application.

7. The Money Withdrawal Application (IA No. 02 of 2023) stands disposed of accordingly.

8. List this matter on 22.04.2024.

(Vivek Bharti Sharma, J.) 30.10.2023 Akash