AO/403/2024
2025 Latest Caselaw 1572 UK

Citation : 2025 Latest Caselaw 1572 UK
Judgement Date : 8 January, 2025

Uttarakhand High Court

AO/403/2024 on 8 January, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

             Office Notes, reports,
             orders or proceedings or
SL.
      Date   directions          and                  COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
             Signatures
                                        AO No.403 of 2024
             08.01.2025
                                        Hon'ble Vivek Bharti Sharma, J.

Mr. Pankaj Sharma, Advocate for the appellant.

2. Learned counsel for the appellant would submit that this appeal is filed against the judgment and Award dated 28.06.2024 passed by Motor Accident Claim Tribunal/II Additional District Judge, Nainital in MACP No.05 of 2021, whereby the claim petition filed by the respondents/claimants was allowed for a sum of ` 10,17,020/- against the appellant/owner along with simple interest @ 6% per annum from the date of filing of the claim petition till the date of actual realization.

3. He would further submit that the learned Tribunal erred in not appreciating the fact that without impleading the driver in the claim petition, who was under strict liability to pay the compensation, if any, the appellant/owner who would only be liable for the reason of vicarious liability as per the Principle of Torts, the Award could not have been passed.

4. This Court is of the view that this point raised by the counsel for the appellant/owner needs deliberation.

5. Admit the appeal.

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

7. Steps to be taken within two weeks.

8. List on 06.05.2025.

9. Till further orders, the effect and operation of impugned Award dated 28.06.2024 shall remain stayed, provided the appellant deposits half of the awarded amount along with interest, so directed by the Tribunal, before the Tribunal concerned within four weeks from today.

10. Stay Application IA No.1/2024 is disposed of.

(Vivek Bharti Sharma, J.) 08.01.2025 Rajni