AO/26/2025
2025 Latest Caselaw 2039 UK

Uttarakhand High Court

AO/26/2025 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. 26 of 2025
                                            H on'ble Vive k Bha r t i Sha r m a , J.

Mr. I. P. Kohli, counsel for the appellant/Insurance Company.

2. The present appeal is preferred against the judgment and award dated 16.10.2024 passed by the Motor Accident Claims Tribunal/1st Additional District Judge, Haldwani, District Nainital in M.A.C.P. Case No. 65 of 2022, whereby the Tribunal awarded a sum of `14,80,489/- as compensation to the claimants and directed the appellant/Insurance Company to pay the entire amount of compensation to the claimants alongwith interest @ 6.5% 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 though several grounds have been taken in the memo of appeal, however, he presses only two grounds;

i. That solatium has been paid to each of the respondents/claimants, however, vide judgment of Hon'ble Supreme Court in the case of "Shri Ram General Insurance Co. Ltd. Vs. Bhagat Singh Rawat and others, 2023(2) TAC 713 (SC), each of the claimants cannot be paid solatium, and ii. That after the death of the deceased, the respondent no. 1 i.e. wife of the deceased is entitled to get the service pension.

4. Counsel for the appellant/Insurance Company would submit that though the ground in paragraph no. 10 of the memo of appeal has been taken that income tax has not been deducted but at the rate at which the deceased was getting the pension he was not liable to be assessed as income tax payee, therefore, he is withdrawing this ground of appeal.

He would further submit that only the respondent nos.1 to 4/claimants are liable to be affected if the appeal is allowed, therefore, the appellant is exempted from sending the notice to the owner and driver i.e. respondent no.5.

5. Issue notices to the respondent nos.1 to 4/claimants only through ordinary process and registered post, acknowledgement due as well as by email and WhatsApp, if available.

6. Steps to be taken within two weeks.

7. List this matter on 13.05.2025.

8. The effect and operation of the impugned judgment and award dated 16.10.2024 passed by the Motor Accident Claims Tribunal/1st Additional District Judge, Haldwani, District Nainital in M.A.C.P. Case No. 65 of 2022 is stayed subject to deposit of `12,00,000/- (Twelve Lakhs Rupees) with interest before the Tribunal concerned within 30 days.

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