Uttarakhand High Court

AO/140/2025 on 14 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office    Notes,
                   reports, orders
                   or proceedings
SL.
         Date      or    directions                       COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                   order       with
                   Signatures
      14.05.2025                      AO No.140 of 2025
                                      Hon'ble Vivek Bharti Sharma, J.

Mr. V.K. Kohli, learned counsel for the appellant/Insurance Company.

2. Ms. Tanushree Pande, learned counsel for respondent nos.1 to 4.

3. This appeal is preferred against the judgment and award dated 13.02.2025, passed by the Motor Accident Claims Tribunal / 1st Additional District Judge, Haldwani, District Nainital, in M.A.C.P. No. 67 of 2022, "Smt. Uma Pandey and Others Vs. Himanshu Kirola and Another" whereby the learned Tribunal allowed the claim petition filed by respondent nos. 1 to 4 (the claimants) against the appellant/Insurance Company.

4. 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.

5. Issue notice to respondent no.5 through ordinary process and registered post acknowledgment due as well as through e-mail and whatsapp, if available.

6. Steps to be taken within three weeks.

7. List this case on 27.08.2025 for hearing on admission.

8. Till the next date of listing, the operation and effect of judgment and award dated 13.02.2025, passed by Motor Accident Claim Tribunal, 1st Additional District Judge, Haldwani, District Nainital, in M.A.C.P. Case No.67/2022, "Smt. Uma Pandey and Others Vs. Himanshu Kirola and Another" shall remain stayed subject to condition that the appellant/Insurance Company shall deposit ₹40 lakh of the awarded amount along with interest before the concerned Tribunal within a period of three weeks from today.

(Vivek Bharti Sharma, J.) 14.05.2025 SS