AO/326/2025
2025 Latest Caselaw 5128 UK

Uttarakhand High Court

AO/326/2025 on 30 October, 2025

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                               A.O. No. 326 of 2025
                               Hon'ble Alok Mahra, J.

Mr. Shilabh Pandey, learned counsel for the appellant.

2. Mr. Prabhat Pandey, learned counsel seeks and is granted two weeks' time to file Vakalatnama on behalf of respondent no.1.

3. Present appeal is directed against the judgment and award dated 04.01.2022 passed by the learned M.A.C.T./Additional District and Sessions Judge, Khatima, District

of 2017, whereby a compensation of ₹12,83,875/- has been awarded in favour of the claimants.

4. There is a delay of 1255 days in filing the present appeal. A delay condonation application supported by the affidavit of the appellant has been filed seeking condonation of the said delay.

5. Learned counsel appearing for respondent no.1 has formally opposed the delay condonation application.

6. Cause shown in the application is found to be sufficient. Accordingly, the delay in filing the appeal is condoned.

of 2025) stands allowed.

7. Learned counsel for the appellant would submit that the impugned award is unsustainable in the eyes of law, as the appellant has obtained information under the Right to Information Act, which reveals that the vehicle involved in the accident had a valid permit till 19.08.2020, whereas the accident occurred on 26.08.2016. Therefore, the Tribunal erred in granting the Insurance Company the right to pay and recover from the appellant. It is further submitted that in the execution proceedings, a recovery citation has been issued against the appellant.

8. Having heard learned counsel for the parties, as an interim measure, it is directed that further proceedings of M.A.C.T. Execution Case No. 11 of 2023 shall remain stayed till the next date of listing.

9. List this case on 27.11.2025.

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(Alok Mahra, J.) 30.10.2025 Mamta