AO/23/2026
2026 Latest Caselaw 2632 UK

Uttarakhand High Court

AO/23/2026 on 2 April, 2026

Author: Ravindra Maithani

Bench: Ravindra Maithani

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
D1-                               AO No.23 of 2026
51
                                  Hon'ble Ravindra Maithani, J.

Mr. Pooran Singh Rawat, Advocate for the appellant.

The challenge in this appeal from order is made to the judgment and award dated 15.11.2025, passed in MACP No.269 of 2022, Mangal Adhikari Vs. Avon Rastogi and another, by the court of Motor Accident Claims Tribunal/Additional District Judge, Khatima, District Udham Singh Nagar By it, the appellant has been directed to pay compensation to the respondent no.1.

Heard.

It is the case of the appellant that it is a case of contributory negligence. Therefore, the liability could not have been fastened solely on the appellant.

The Court invited attention of the learned counsel for the appellant that this has not been so pleaded in the objections that was filed before the Tribunal. In fact, the appellant had denied the accident. Moreover, no issue was framed and no evidence has been filed by the appellant on this aspect. How could this appeal be admitted?

Let call for the lower court record. List this matter on 07.05.2026.

(Ravindra Maithani J.) 02.04.2026 RV