Uttarakhand High Court

AO/495/2024 on 14 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office Notes, reports,
                   orders or proceedings
SL.
No.
         Date        or directions and                        COURT'S OR JUDGE'S ORDERS
                   Registrar's order with
                         Signatures
      14.05.2025                            A.O. No. 495 of 2025

                                            Hon'ble Vivek Bharti Sharma, J.

Mr. Ashish Aggarwal, proxy counsel for Mr. Shankar Aggarwal, learned counsel for the appellant/Insurance Company.

2. Mr. Akhil Kumar Sah, learned counsel for the respondent no.1/claimant.

3. This appeal is preferred against the judgment and award dated 14.08.2024 passed by nd M.A.C.T./Additional District Judge 2 , Haldwani, District Nainital in M.A.C.P. No. 158 of 2021, whereby the Tribunal has awarded compensation of `15,62,864/- in favour of the respondent no.1/claimant.

4. Learned counsel for the appellant/Insurance Company would submit that the impugned award is unsustainable in law as it has been passed by the Tribunal without proper consideration of the facts and evidence on record; that, while deciding Issue No. 5 which is relating to the validity of the documents of the vehicle, the Tribunal failed to consider the pleadings of the appellant/Insurance Company and erred in not giving a specific finding regarding the permit of the offending vehicle.

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

5. Issue notice to the un-served respondents 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 07.08.2025 along with connected appeal.

8. Till the next date of listing, the execution of the impugned judgment and award dated 14.08.2024 passed by M.A.C.T./Additional District Judge 2nd Haldwani, District Nainital in M.A.C.P. No. 158 of 2021 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.) 14.05.2025 Mamta