Uttarakhand High Court

AO/129/2025 on 6 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
No.
         Date
                     directions and                        COURT'S OR JUDGE'S ORDERS
                   Registrar's order
                    with Signatures
      06.05.2025                        A.O. NO. 129 of 2025

                                        Hon'ble Vivek Bharti Sharma, J.

Mr. Shailabh Pande, learned counsel for the appellant/Insurance Company.

2. Mr. Vijay Khanduri, learned counsel for respondent nos. 1 & 2.

3. This appeal is preferred against the judgment and award dated 27.01.2025 passed by M.A.C.T., Chamoli, Gopeshwar in M.A.C.P. No. 04 of 2023, whereby the Tribunal has awarded compensation of `15,00,000/- in favour of the respondent nos.1 & 2/claimants.

3. Counsel for the appellant/Insurance Company would submit that the impugned award is unsustainable in the eyes of law as the same has been passed by the Tribunal without considering the facts and evidence available on record; that, the insurance policy did not cover the driver or occupants of the offending vehicle; that, it is admitted by the claimants that the deceased was driving the insured vehicle, however, he would fairly concede that the tribunal had framed the issue of whether the vehicle was insured, however, no suggestion was made to the witnesses of the respondents/claimants during trial to establish that the insurance did not cover the driver or occupants.

4. Per contra, Learned counsel for the respondents/claimants seeks and is granted time to file reply/objection to the memo of revision.

5. List this case on 06.08.2025.

6. Till the next date of listing, the execution of the impugned judgment and award dated 27.01.2025 passed by M.A.C.T., Chamoli, Gopeshwar in M.A.C.P. No. 04 of 2023 shall remain stayed subject to condition that the appellant/Insurance Company shall deposit the entire awarded amount along with interest before the concerned Tribunal within a period of three weeks from today.

(Vivek Bharti Sharma, J.) 06.05.2025 Mamta