AO/394/2024
2025 Latest Caselaw 3934 UK

Uttarakhand High Court

AO/394/2024 on 29 April, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                    Office Notes, reports,
                   orders or proceedings or
SL.
No.
         Date           directions and                        COURT'S OR JUDGE'S ORDERS
                    Registrar's order with
                          Signatures
      29.04.2025                              A.O. No. 394 of 2024
                                              Hon'ble Vivek Bharti Sharma, J.

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

2. Mr. Shailabh Pande, learned counsel for the respondent no.1/claimant.

3. This appeal is filed by the appellant/Insurance Company against the judgment and award dated 28.05.2024 passed by learned M.A.C.T./3rd Additional District Judge, Udham Singh Nagar in M.A.C.P. No. 146 of 2022, whereby the Tribunal has awarded compensation of `21,73,580/- in favour of the respondent no.1/claimant.

4. There is 24 days delay in filing the present appeal.

5. The Delay Condonation Application (IA 1 of 2024) has been filed by the appellant seeking condonation of a delay of 24 days in filing the appeal. The application is supported by an affidavit, wherein it is averred that the delay was caused due to procedural reasons for taking the legal opinion and permission from Regional Office to file the appeal.

6. Learned counsel for respondent no.1/claimant would submit that he has no objection if the application for condonation of delay is allowed.

7. For the reasons stated, the delay in filing the present appeal is hereby condoned. The delay condonation application is allowed.

8. Counsel for the appellant/Insurance Company would submit that the impugned award is unsustainable in the eyes of law as the same has been passed by the Tribunal without considering the facts and evidence available on record.

9. List this case on 04.08.2025.

10. Till the next date of listing, the execution of the impugned judgment and award dated 28.05.2024 passed by learned M.A.C.T./3rd Additional District Judge, Udham Singh Nagar in M.A.C.P. No. 146 of 2022 shall remain stayed subject to condition that the appellant/Insurance Company shall deposit the entire awarded amount along with interest before the concerned Tribunal within a period of four weeks from today.

(Vivek Bharti Sharma, J.) 29.04.2025 Mamta