Unknown vs Firasat
2025 Latest Caselaw 3524 UK

Uttarakhand High Court

Unknown vs Firasat on 3 April, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office     Notes,
                   reports, orders
                   or proceedings
SL.
         Date      or     directions                      COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                   order        with
                   Signatures
      03.04.2025                       AO No.87 of 2025
                                       Hon'ble Vivek Bharti Sharma, J.

Mr. Lalit Belwal, learned counsel for the appellant.

2. This is an appeal under Section 173 of the Motor Vehicle Act, 1988 preferred against the impugned award dated 19.12.2024 passed by the learned Motor Accident Claims Tribunal/ 3rd Additional District Judge, Rudrapur, Udham Singh Nagar in MACP No.286 of 2021, "Sehdab Vs. Firasat Ali & Others" whereby an award of compensation to the tune of ₹9,66,664 was passed against the appellant-Insurance Company.

3. Learned counsel for the appellant would submit that the compensation award is on higher side and without taking legal position into consideration that the bills were not proved by the respondent/claimant the award has been passed.

4. However, the moot question is that when the local police, as per judgment of the Hon'ble Supreme Court in Jai Prakash Vs. National Insurance Company Limited and Others (2010) 2 SCC 607 and judgment of Delhi High Court in the case of Rajesh Tyagi and Ors. Vs. Jaibir Singh and Ors.(2014) SCC OnLine Del 7626 fails to file Detailed Accident Report after collecting and verifying medical bills, insurance policy, medical reports, death certificate etc. then why burden can be shifted upon claimant to prove all these documents.

5. Learned counsel for the appellant would press his application for stay of award and would submit that the appellant is ready to deposit the entire awarded amount.

6. Admit.

7. Issue notice to the respondents through ordinary process and registered post, acknowledgement due as well as by email and WhatsApp, if available.

8. Steps to be taken within three weeks.

9. List this case on 30.06.2025.

10. In view of the above, till the next date of listing, the effect and operation of the impugned judgment/award dated 19.12.2024 passed by learned Motor Accident Claim Tribunal/3rd Additional District Judge, Rudrapur, Udham Singh Nagar in MACP No.286 of 2021, "Sehdab Vs. Firasat Ali & Others", shall remain stayed, subject to the condition that the appellant shall deposit the entire awarded amount with interest with Tribunal concerned within four weeks from today.

(Vivek Bharti Sharma, J.) 03.04.2025 SS