AO/151/2025
2025 Latest Caselaw 4239 UK

Uttarakhand High Court

AO/151/2025 on 11 September, 2025

                Office Notes,
             reports, orders or
              proceedings or
No.   Date                                     COURT'S OR JUDGES'S ORDERS
               directions and
             Registrar's order
              with Signatures
                                  AO No. 151 of 2025
                                  Hon'ble Alok Mahra, J.

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

2. Mr. Shailabh Pandey, learned counsel for respondent nos. 2 and 3.

3. Mr. D.N. Sharma, learned counsel for respondent no. 4.

4. This appeal from order has been filed by the appellant challenging the judgment and award dated 18.02.2025 passed by Motor Accident Claim Tribunal/Additional District Judge, Khatima, District Udham Singh Nagar in Claim Petition filed on behalf of claimant/respondents against the defendant/appellant and others in Motor Accident Claim Petition No. 252 of 2022, Tulsi and Others Vs. Sri Rajveer Singh and Others.

5. The main contention raised by learned counsel for the appellant is that the accident occurred on 04.04.2022 at about 11:00 a.m. and only after the accident, the Vehicle No. UK04 CA 8782 was insured on the same date at 11:47 a.m. In the said accident, husband of respondent no. 1 died on the spot.

6. Learned counsel for the appellant has relied upon the Panchnama, which was conducted on the spot on the same day. In the Panchnama, it has been mentioned that the accident occurred at 11:00 a.m. on 04.04.2022.

7. On this basis, he has submitted that the vehicle was insured after the accident and this vital fact was completely ignored by the Motor Accident Claim Tribunal by holding that the vehicle was a registered vehicle and liability has been fastened upon the Insurance Company.

8. Per contra, Mr. D.N. Sharma, learned counsel for respondent no. 4 has submitted that it is an admitted case that the vehicle was insured on 04.04.2022 at 11:47 a.m. and the accident had occurred at 12:30 p.m. on the same day. In support of his argument, he has drawn attention of this Court to the FIR, which mentions time of the accident as 12:30 p.m.

9. This Court is of the opinion that the contention of the claimant is supported by documentary evidence, which cannot be overlooked in absence of any other contrary evidence, which should have been produced by the Insurance Company to show that accident occurred at 11:00 a.m. as alleged by them.

10. Thus, this Court does not find any reason to interfere with the impugned judgment and award dated 18.02.2025 passed by Motor Accident Claim Tribunal.

11. Accordingly, the present Appeal from Order is liable to be dismissed and the same is hereby dismissed.

12. Further, the statutory amount of Rs. 25,000/- deposited in the Registry of this Court shall be transmitted to the concerned Tribunal for payment to the appellant/Insurance Company.

(Alok Mahra J.) 11.09.2025 Ujjwal