Uttarakhand High Court

Unknown vs Ranveer Singh Dhamija & on 3 July, 2025

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                                 AO No.214 of 2025
                                 Hon'ble Subhash Upadhyay, J.

Mr. D.C.S. Rawat, learned counsel for the appellant.

2. This appeal is preferred against the judgment and award dated 25.04.2025 passed by learned Motor Accident Claim Tribunal/ 3rd Additional District Judge, Rudrapur, District Udham Singh Nagar in MACP No.26 of 2021, "Smt. Preeti Singh and Others Vs. Ranveer Singh Dhamija & Others" whereby learned Tribunal awarded a sum of ₹1,20,09,000/- with interest @ 7% per annum as compensation to the claimants.

3. Learned counsel for the appellant would submit that findings of the learned Claim Tribunal are based on conjecture and surmises; that, income of the deceased as assumed by the Tribunal is on higher side; that, during pendency of the claim petition owner of the Truck died but no substitution application was filed by the claimants; that, insurance company is not liable to pay the amount of compensation when the owner is no more and his legal heirs have not been substituted, that, the judgment passed by the learned Tribunal is against the evidence on record and provisions of law, hence, the impugned judgment is liable to be set aside.

4. Issue notices to the respondents through ordinary process and registered post acknowledgment due as well as through e-mail and whatsapp, if available.

5. Steps to be taken within one week.

6. List this case on 07.08.2025 for hearing on admission.

7. The effect and operation of the impugned award dated 25.04.2025 passed by learned Motor Accident Claim Tribunal / 3rd Additional District Judge, Rudrapur, District Udham Singh Nagar in MACP No.26 of 2021, "Smt. Preeti Singh and Others Vs. Ranveer Singh Dhamija and Others" shall remain stayed, subject to deposit of 50% of the awarded amount along with interest @ 7% per annum by the appellant with the Tribunal concerned within four weeks from today.

8. Stay Application (IA/1/2025) stands disposed of.

(Subhash Upadhyay,J.) 03.07.2025