AO/16/2020
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Uttarakhand High Court

AO/16/2020 on 2 January, 2026

               Office Notes,
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                                 AO No. 16 of 2020
                                 Hon'ble Alok Mahra, J.

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

2. Mr. Shankar Agarwal, learned counsel, holding brief of Mr. Ankur Sharma, learned counsel for the respondent-claimant.

3. The present appeal from order has been filed by the appellant/Insurance Company challenging the judgment and order dated 28.09.2019 passed by learned Motor Accident Claim Tribunal/Additional District Judge, Vikas Nagar, District Dehradun in MACT No. 3 of 2019.

4. The facts of the case are that when respondent no. 1 alongwith his wife was going from Dehradun to Vikasnagar with his nephew Paramjeet Singh, who was driving his car carefully, the Truck bearing registration no. UK-07-CB-4198 being driven by the truck driver rashly and negligently hit the car from the front, whereby, the wife of the respondent no. 1 died and respondent no. 1 sustained life-threatening injuries and he also underwent brain surgery.

5. Learned counsel for the appellant/Insurance Company has submitted that the accident occurred due to contributory negligence of both, the truck driver and the car driver as it was head-on collision on the straight road. It is further contended by learned counsel for the appellant that the car driver (deceased) as well as the truck driver was not having the valid and effective driving license at the time of alleged accident.

6. Per contra, learned counsel for the respondent-claimant has submitted that the award passed by MACT concerned is proper and just. Learned MACT Judge, after considering all the evidence on record and on the basis of the statements given by the eye- witnesses held that the car was being driven on its left side and the truck, which was being driven rashly and negligently, hit the car from the front driver side.

7. After hearing the learned counsel for the parties and after perusing the record, this Court does not find any infirmity or perversity in the impugned judgment and award dated 28.09.2019 passed by learned Motor Accident Claim Tribunal/Additional District Judge, Vikas Nagar, District Dehradun in MACT No. 3 of 2019, therefore, the present appeal from order is liable to be dismissed and is hereby dismissed. There shall be no order as to costs.

8. 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.) 02.01.2026 Ujjwal