No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS AO No. 222 of 2024 Hon ’ble Alok Mah r a, J. Mr. D.C.S. Rawat, learned counsel (through V.C.) for the appellant/ Insurance Company. 2. Mr. Neeraj Uprety, learned counsel for the respondents-claimants. 3. The appellant-Insurance Company has filed the present appeal challenging the award dated 24.01.2024 passed by learned Motor Accident Claim Tribunal/ 1st Additional District Judge, Kashipur, District Udham Singh Nagar in MACT No. 265 of 2017. 4. Appellant-Insurance Company has challenged the award on the ground that the accident occurred on 05.08.2017, whereas, the husband of the claimant died on 04.02.2021. The cause of death of the husband of the claimant was Liver Cirrhosis (Etio-Alcohol related) and the cause of death was not due to the injury suffered by the husband of the claimant. 5. Learned counsel for the appellant- Insurance Company submits that the amount of compensation awarded to the claimant was exorbitant and the loss of income of the husband of the claimant should have been assessed only for four years i.e. from the date of accident till his death. It is further submitted that the insurer and the owner of the motorcycle in which the husband of the claimant was riding was not made party and as such, the accident occurred due to the contributory negligence of both the vehicles. 6. Learned counsel for the appellant- Insurance Company has further submitted that provisions of Section 158(6) of Motor Vehicle Act, 1988 has not been followed, therefore, the claim petition filed by the claimants is not maintainable. Section 158(6) of Motor Vehicle Act, 1988 is extracted as hereunder: - “158(6) As soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer incharge of the police station shall forward a copy of the same within thirty days from the date of recording of information or, as the case may be, on completion of such report to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer, and where a copy is made available to the owner, he shall also within thirty days of receipt of such report, forward the same to such Claims Tribunal and Insurer.” 7. On the other hand, learned counsel for the respondents-claimants has argued that the loss of future income is not calculated on the basis of the year the victim survives. Learned counsel for the claimants has further submitted that provisions of Section 158(6) of Motor Vehicle Act, 1988 has been duly followed. It is further argued 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. 8. Heard learned counsel for the parties and perused the record. 9. The Court, prima facie, is satisfied with the arguments submitted by learned counsel for the respondents-claimants that while computing the future loss, there is no criteria regarding the age up to which the victim/ deceased would survive. 10. 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 and future loss of the deceased, and this Court does not find any infirmity or perversity in the impugned judgment and award dated 24.01.2024 passed by learned Motor Accident Claim Tribunal/ 1st Additional District Judge, Kashipur, District Udham Singh Nagar in MACT No. 265 of 2017, therefore, the present appeal from order is liable to be dismissed and is hereby dismissed. There shall be no order as to costs. 11. 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.) 10.01.2026 Ujjwal