Unknown vs Harish Nabiyal
2025 Latest Caselaw 3929 UK

Uttarakhand High Court

Unknown vs Harish Nabiyal on 29 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
      29.04.2025                       AO No.108 of 2025
                                       Hon'ble Vivek Bharti Sharma, J.

Mr. Shailabh Pandey, 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 10.01.2025 passed by the learned Motor Accident Claims Tribunal/ District Judge, Pithoragarh in M.A.C.P No.3 of 2024, "Vidan Singh & Anr. Vs. Harish Nabiyal & Anr." whereby an award of compensation to the tune of ₹5,00,000/- was passed against the appellant- Insurance Company.

3. Learned counsel for the appellant would submit that impugned award passed by the learned Tribunal is against the facts and evidence on record; that, the impugned award has been passed in complete disregard to Section 195 of the Uttarakhand Motor Vehicle Rules,

4. 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.

5. Admit.

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

7. Steps to be taken within three weeks.

8. List this case on 06.08.2025 along with connected matters.

9. In view of the above, till the next date of listing, the effect and operation of the impugned judgment/award dated 10.01.2025 passed by the learned Motor Accident Claims Tribunal/ District Judge, Pithoragarh in M.A.C.P No.3 of 2024, "Vidan Singh & Anr. Vs. Harish Nabiyal & Anr.", 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.) 29.04.2025 SS