AO/32/2025
2025 Latest Caselaw 2038 UK

Citation : 2025 Latest Caselaw 2038 UK
Judgement Date : 12 February, 2025

Uttarakhand High Court

AO/32/2025 on 12 February, 2025

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                     COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order with
                        Signatures
      12.02.2025                            AO No. 32 of 2025
                                            H on'ble Vive k Bha r t i Sha r m a , J.

Mr. P. C. Maulekhi, counsel for the appellant/Insurance Company.

2. The present appeal is preferred against the judgment and award dated 26.10.2024 passed by the Motor Accident Claims Tribunal/District Judge, Nainital in M.A.C.P. Case No. 18 of 2020, whereby the Tribunal awarded a sum of `34,62,932/- as compensation to the claimants and directed the appellant/Insurance Company to pay the entire amount of compensation to the claimants alongwith interest @ 6% p.a. from the date of filing the claim petition till the date of actual payment to the claimants.

3. Counsel for the appellant/Insurance Company would submit that the accident took place in the territorial jurisdiction of other State, insurance policy was also issued out of the State and respondents were also residing beyond the territorial jurisdiction of the Tribunal concerned, which has passed the award; that, the Tribunal concerned has no territorial jurisdiction as per Section 166(2) of Motor Vehicles Act; that, the driving license of the respondent driver of the offending vehicle was not valid and the interest was also given on the future prospects; that, funeral expenses have been given at much higher rate.

4. In view of the above, this Court is of the considered view that the matter needs deliberation.

5. Admit the appeal.

6. Issue notices 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 two weeks.

8. List this matter on 19.05.2025.

9. The effect and operation of the impugned the judgment and award dated 26.10.2024 passed by the Motor Accident Claims Tribunal/District Judge, Nainital in M.A.C.P. Case No. 18 of 2020 is stayed subject to depositing 50% of the awarded amount with interest before the Tribunal concerned within a month.

( Vive k Bh a r t i Sh a r m a , J.) 1 2 .0 2 .2 0 2 5 Akash