AO/467/2023
2023 Latest Caselaw 3288 UK

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                                  AO No.467 of 2023
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. M.K. Goyal, Advocate for the applicant.

2. Learned counsel for the appellant/Insurance Company would submit that in the impugned Award the learned Tribunal has categorically recorded findings on issue nos.3 and 4 that on the date of incident the offending bus was not having the valid permit to ply the bus, notwithstanding this finding, the liability to pay the amount of compensation has been shifted to the appellant/Insurance Company. He would rely upon a judgment of Hon'ble Supreme Court in Gohar Mohammed vs. U.P. State Road Transport Corporation (2023) 4 SCC 381 to buttress his submission.

3. Issue notices to the respondents through ordinary process and registered post acknowledgment due as well as by Email and WhatsApp, if available.

4. Steps to be taken within one week.

5. Having considered the submission of learned counsel for the appellant, it is directed that the effect and operation of the impugned judgment/Award dated 25.07.2023 passed by M.A.C.T./6th Addl. District Judge, Dehradun in M.A.C.T. Case No.215 of 2017 Kumari Shivani vs. General Manager, Uttarakhand Transport Corporation shall remain stayed till further orders subject to the condition that the appellant deposits the entire awarded amount along with interest, excluding the statutory deposit, before the Tribunal concerned within three weeks from today. (Stay Application IA No.1/2023 is disposed of).

6. List on 27.02.2024.

(Vivek Bharti Sharma, J.) 30.10.2023 Rajni