AO/208/2020
2025 Latest Caselaw 4802 UK

Uttarakhand High Court

AO/208/2020 on 10 October, 2025

                   Office Notes, reports,
                   orders or proceedings
SL.
        Date         or directions and                       COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order with
                         Signatures
      10.10.2025                            A.O. No. 208 of 2020
                                            Hon'ble Alok Mahra, J.

Mr. Himanshu Pal, learned counsel for the appellant/Insurance Company.

2. Mr. D.C.S. Rawat, learned counsel for respondent nos.1 to 4/claimants.

3. This appeal is directed against the judgment and award dated 22.02.2020 passed by learned M.A.C.T/VIIth Additional District Judge, Dehradun in M.A.C.P. No.142 of 2017, whereby the compensation of ₹12,89,640/- has been awarded in favour of the respondent nos.1 to 4/claimants.

4. Learned counsel for the appellant/Insurance Company would submit that due to inadvertence, steps could not be taken for effecting service upon respondent nos. 5 and 6, who are the driver and owner of the offending vehicle. He, therefore, prays for some further time to take necessary steps for service upon the said respondents.

5. In the interest of justice, one week's further time is granted to the appellant to take steps for effecting service upon respondent nos. 5 and 6.

6. Thereafter, the Registry shall issue notices to the said respondents.

7. List the matter after service of notice.

8. Heard on Money Withdrawal Application (IA 10945 of 2025)

9. Respondent nos. 1 to 4/claimants have moved the present application stating therein that by order dated 28.10.2020, this Court stayed execution of the impugned award subject to deposit of the 50% of the total awarded sum by the appellant/Insurance Company before the Tribunal; that, in compliance of the same, the said amount has been deposited by the appellant/Insurance Company before the concerned Tribunal. The applicants/claimants submit that they are in pressing need of funds to meet household expenses, medical treatment, and livelihood, and therefore seek release of the deposited amount.

10. For the reasons stated, the Money Withdrawal Application is allowed.

9. It is directed that out of the amount deposited by the Insurance Company before the Tribunal, the 50% amount be released in favour of respondent nos. 1 to 4/claimants and the remaining amount shall be kept in an interest-bearing fixed deposit in a nationalised bank subject to further orders of this Court.

(Alok Mahra, J.) 10.10.2025 Mamta