AO/425/2025
2025 Latest Caselaw 6086 UK

Uttarakhand High Court

AO/425/2025 on 4 December, 2025

               Office Notes,
            reports, orders or
             proceedings or
No   Date                                    COURT'S OR JUDGES'S ORDERS
              directions and
            Registrar's order
             with Signatures
                                 A.O. No.425 of 2025
                                 Hon'ble Alok Mahra, J.

Mr. P.C. Maulekhi, Advocate for the appellant.

2. Learned counsel for the appellant contends that the learned Motor Accident Claims Tribunal has rendered the impugned award on an erroneous premise, having computed the income of the deceased by taking into account the pension he was drawing and by further adding a notional income of ₹15,000/- per month. It is argued that such addition is wholly unsustainable in law, inasmuch as, the claimant, in her deposition, has categorically admitted that no documentary evidence was produced to substantiate the claim that the deceased was engaged in private tuition or earning any independent income apart from his pension. Notwithstanding the absence of such proof, the learned Tribunal proceeded to assess and include the notional income of ₹15,000/- per month in addition to the pension amount. Learned counsel further submits that subsequent to the demise of the deceased, the claimant has been in receipt of family pension; therefore, the income of the deceased ought to have been assessed on the basis of the said family pension alone. In support of his submission, learned counsel has placed reliance upon the judgment rendered by Hon'ble Supreme Court in the case of Vishavjit Singh & others Vs. Cholamandalam MS General Insurance Company Limited and another, reported in 2025 (3) T.A.C. 39 (S.C.).

3. Admit.

4. Summon the lower Court's record.

5. Issue notice to the respondents returnable at an early date.

6. Steps to be taken, within one week.

7. List on 26.02.2026.

8. After considering the submission of learned counsel for the appellant, it is directed that, till the next date of listing, effect & operation of the impugned award dated 01.08.2025 passed by learned Motor Accident Claims Tribunal/IInd Additional District Judge, Nainital in M.A.C.P. No.173 of 2021 shall remain stayed, provided appellant deposits 50% of the awarded amount, after adjusting the statutory amount already deposited by the appellant, before the Tribunal concerned within a period of four weeks from today.

9. Stay application (I.A. No.1 of 2025) stands disposed of.

(Alok Mahra, J.) 04.12.2025 Arpan