AO/94/2020
2025 Latest Caselaw 5328 UK

Uttarakhand High Court

AO/94/2020 on 7 November, 2025

                                                                  2025:UHC:9822


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                               AO No.94 of 2020
                               Hon'ble Alok Mahra, J.

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

2. None is present for the respondents.

3. The present Appeal from Order under Section 173 of the Motor Vehicles Act has been filed against the judgment and award dated 08.11.2019 passed by the learned Motor Accident Claims Tribunal/District Judge, Pithoragarh in MACT Case No.11 of 2019, whereby the claim petition was allowed against the appellants.

4. Learned counsel for the appellants submits that AO No.93 of 2020, arising out of the same accident, has already been dismissed by this Court vide order dated 25.09.2025.

5. He further submits that there was only one legal heir of the claimant, and therefore, half of the income of the deceased ought to have been deducted towards personal expenses. However, the learned Tribunal has erred in deducting only one-third of the income of the deceased under that head.

6. Upon perusal of the record, it is noticed that the learned Tribunal has not awarded any amount towards future prospects. If 1/3rd addition towards future prospects is granted, the overall computation of compensation would 2025:UHC:9822

substantially remain the same; hence, no material difference arises in the awarded amount. Since Appeal from Order No.93 of 2020 arising out of the same incident has already been dismissed by this Court, the present appeal is also liable to be dismissed.

7. In view of the above discussion, the present Appeal from Order stands dismissed accordingly.

(Alok Mahra, J.) 07.11.2025 BS BALWANT

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe 2eacbf28cdf4ba7ce8640c5820, postalCode=263001,

SINGH st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5 185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.11.07 15:44:30 +05'30'