Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
AO No. 575 of 2019 Hon ’ble Alok Mah r a, J.
Mr. Shankar Agarwal, learned counsel, holding brief of Mr. Ankur Sharma, learned counsel for the appellant.
2. Mr. D.C.S. Rawat, learned counsel for the respondent no. 3/ Insurance Company.
3. The present appeal from order has been filed by the appellant/ claimant challenging the
judgment and award dated 28.09.2019 passed by learned Motor Accident Claim Tribunal/ Additional District Judge, Vikas Nagar, District Dehradun in MACT No. 15 of
2019.
4. The facts of the case are that the husband of the appellant was driving his car carefully and he was driving from Dehradun to Vikasnagar when the driver of Truck bearing registration no. UK-07-CB-4198 who was driving rashly and negligently hit the car from the front, whereby, the husband of the claimant no. 1 died.
5.
Learned counsel for the appellant has submitted that the learned court below without appreciating the material facts and evidence available on record has illegally awarded the meagre amount in favour of the appellant and the same is liable to the modified. Learned counsel for the appellant further submits that learned court below failed to give any future prospects to the family of the deceased; the
judgment and award passed by the tribunal is based upon conjecture and surmises.
6. Per contra, learned counsel for the respondent-Insurance Company have submitted that the award passed by MACT concerned is proper and just and in consonance with the settled principles governing the determination of compensation under the Motor Vehicles Act, 1988.
7. After hearing the learned counsel for the parties and after perusing the record, this Court is of the opinion that the learned Tribunal has rightly appreciated the material on record while computing the income of the deceased, and 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. 15 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 Mah r a J.)
02.01.2026 Ujjwal