AO/431/2024
2025 Latest Caselaw 1311 UK

Citation : 2025 Latest Caselaw 1311 UK
Judgement Date : 24 July, 2025

Uttarakhand High Court

AO/431/2024 on 24 July, 2025

               Office Notes,
            reports, orders or
             proceedings or
No   Date                                           COURT'S OR JUDGES'S ORDERS
              directions and
            Registrar's order
             with Signatures
                                 MCC No.2 of 2025(Restoration Application)
                                 IA/3/2025 (Urgency Application)
                                 In
                                 AO No.431 of 2024
                                 Hon'ble Subhash Upadhyay, J.

Ms. Indu Sharma, learned counsel for the appellant.

2. None is present for the respondents despite service.

3. Learned counsel for the appellant has filed Restoration Application (MCC/2/2025) to recall the order dated 19.12.2024 whereby the appeal was dismissed for want of prosecution.

4. Learned counsel for the appellant would submit that on 19.12.2024 her file had misplaced, hence, she could not appear before the Court at the time of calling the matter and the same was dismissed for want of prosecution.

5. In view of the above, Restoration Application (MCC/2/2025) stands allowed. Consequently, order dated 19.12.2024 is hereby recalled. The Appeal is restored to its original number.

6. Heard on stay application (IA/1/2024).

7. This appeal is preferred against the judgment and order dated 19.07.2024 passed by learned Motor Accident Claim Tribunal / 1st Additional District Judge, Haldwani, District Nainital in MACP No.184 of 2022, "Smt. Champa Devi & Another Vs. Uttarakhand Transport Corporation and another" whereby claim petition filed by the respondents has been allowed against appellant awarding compensation of ₹15,26,102/- with interest @ 6.5% per annum.

8. Learned counsel for the appellant submits that the judgment and order passed by the learned Tribunal is against the provisions of law; that, learned Tribunal did not consider the fact that the accident did not occurred by the bus; that, the entire judgment is based on charge- sheet and inquiry done by the police officials which is not permissible under the law; that, the awarded amount is too exorbitant, arbitrary and illegal, hence, the impugned judgment and order is liable to be set aside.

9. List this case on 22.08.2025 for hearing on admission.

10. Summon the Trial Court Record.

11. As an interim measure, the effect and operation of the impugned judgment and order dated 19.07.2024 passed by learned Motor Accident Claim Tribunal/1st Additional District Judge, Haldwani, District Nainital in MACP No.184 of 2022, "Smt. Champa Devi & Another Vs. Uttarakhand Transport Corporation and another" shall remain stayed, subject to deposit of entire awarded amount along with interest @ 6.5% per annum by the appellant with the Tribunal concerned within four weeks from today.

12. Stay Application No.1 of 2024 as well as Urgency Application (IA/3/2025) stand disposed of accordingly.

(Subhash Upadhyay,J.) 24.07.2025