AO/331/2023
2023 Latest Caselaw 2610 UK

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                                 A.O. No. 331 of 2023
                                 Hon'ble Vivek Bharti Sharma, J.

Mr. D.C.S. Rawat, counsel for the appellant/Insurance Company.

2. Present appeal has been filed against the impugned judgment and order dated 29.05.2023 passed by M.A.C.T./2nd Additional District Judge, Kashipur, District Udham Singh Nagar in M.A.C.P. No. 150 of 2019.

3. Counsel for the appellant/Insurance Company would submit that the Tribunal has grossly erred in fastening the liability of compensation upon the Insurance Company as at the time of the alleged accident the vehicle was plied in violation of the terms and condition of the insurance policy; that, there was head-on-collision and the there should be contributory liability of both vehicles i.e. motorcycle and dumper.

4. Admit the appeal.

5. Issue notices to the respondents 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. List this case on 07.12.2023.

8. The effect and operation of the impugned award dated 29.05.2023 passed in M.A.C.P. No. 150 of 2019 shall remain stayed till the next date of listing subject to deposit of 50% amount of the entire awarded amount before the tribunal concerned adjusting the statutory deposit made by the appellant.

9. Stay application (IA 1 of 2023) stands disposed of accordingly.

(Vivek Bharti Sharma, J.) 04.09.2023 Mamta