AO/3/2024
2026 Latest Caselaw 28 UK

Uttarakhand High Court

AO/3/2024 on 2 January, 2026

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                               A.O. NO.3 of 2024


                               Hon'ble Alok Mahra, J.

Mr. Laybanoor proxy counsel for Mr. Amit Kapri, learned counsel for the appellant/Insurance Company.

2. Mr. Devang Dobhal, proxy counsel for Mr. Lokendra Dobhal, learned counsel for respondent nos. 1 to 5.

3. Mr. Aazmeen Sheikh, learned counsel for respondent no.6.

4. The present appeal has been preferred against the judgment and award dated 21.07.2023 passed by the learned M.A.C.T./District Judge, Tehri Garhwal in M.A.C.P. No. 12 of 2022, whereby the learned Tribunal awarded a compensation of ₹16,38,700/- along with interest at the rate of 6% per annum from the date of filing of the claim petition in favour of the claimants and against the appellant.

5. Heard on admission.

6. Learned counsel for the appellant/Insurance Company would submit that the impugned award is unsustainable in the eyes of law, as the same has been passed without proper consideration and appreciation of the evidence adduced by the appellant before the Tribunal. It is further contended that the learned Tribunal awarded compensation without assigning any proper or plausible reasons.

7. Learned counsel would further submit that the learned Tribunal failed to consider the material aspect that the death certificate is in the name of Ashok Singh, whereas there are no identity documents on record to establish that Ashok Singh and Kalyan Singh are one and the same person.

8. Admit the appeal.

9. A Money Withdrawal Application, being I.A. No. 3 of 2025, has been filed by respondent nos. 1 to 5/claimants seeking release of the deposited amount on the ground of pressing financial need.

10. Having considered the facts and circumstances of the case and the reasons stated in the application, Money Withdrawal Application (I.A. No. 3 of 2025) is allowed.

11. It is directed that out of the total amount deposited by the appellant/Insurance Company before the learned Tribunal, the amount of 50% shall be released in favour of the respondents/claimants, in accordance with their respective shares. The remaining amount shall be kept in an interest-bearing fixed deposit with a nationalised bank, subject to further orders of this Court.

12. List the appeal in due course for final hearing.

(Alok Mahra, J.) 02.01.2026 Mamta