DINESH CHANDRA JOSHI v. THE NEW INDIA ASSURANCE COMPANY LTD.
AO/315/2025 · 2025-12-12
Alok Mahra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17089 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17089 (UTT) · dailylaw.ai ]
Judgment text
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. 315 of 2025 Hon ’ble Alok Mah r a, J.
Mr. Yogesh Pandey, learned counsel for the appellant.
2. Mr. Tarun Prakash Singh Takuli, learned counsel for the respondent.
3. This Appeal from order has been filed by the appellant challenging the judgment and award dated 28.05.2025 passed by learned Motor Accident Claims Tribunal/ 1st Additional District Judge, Haldwani, District Nainital in Motor Accident Claim Petition No. 17 of 2021, Smt. Janki Devi and Another Vs. Dinesh Chandra Joshi and Others.
4. The brief facts of the case are that the appellant is the owner of the vehicle bearing registration no. UK-04-PA-2541. This vehicle met with an accident on 25.11.2020, by which the husband of the respondent-claimant no. 2 died. The claimants have filed MACT Case No. 17 of 2021. The MACT admitted the factum of accident, but, entire liability was fastened upon the appellant, as on the date of accident, the vehicle was not insured.
5.
Learned counsel for the appellant would submit that as per the notification dated 30.09.2021 issued by the Central Government due to Covid-19 Pandemic, during the period from 01.02.2020 till 31.10.2021, the validity of all the documents including insurance whose extension of validity could not be or has not likely to be granted due to lockdown, was extended.
6. The case of the appellant is that the
vehicle was insured up to midnight of 18.11.2020 and as per the above notification, it was deemed to be extended till 31.10.2021, and, as such, on the date of the accident, his vehicle was deemed to be insured. He has further submitted that due to inadvertence, this notification could not be brought before the MACT and ignorance of this goes to the root of the matter.
7.
Learned counsel for the claimant would submit that on 21.06.2021, the same was filed and till then, they have not received any compensation.
8. Heard learned counsel for the parties and perused the record.
9. Since, all the evidences are already on record and only the notification issued by the Central Government dated 30.09.2021 is to be submitted by learned counsel for the appellant and its impact is to be seen, therefore, it would be desirable that the learned Tribunal shall make all the endeavour to decide the claim petition within a period of three months from the date of receipt of certified copy of this order, as the claimants are suffering due to non-payment of the amount.
10. With the above observation, the present appeal from order is allowed. The impugned
judgment and award dated 28.05.2025 passed by learned Motor Accident Claims Tribunal/ 1st Additional District Judge, Haldwani, District Nainital in Motor Accident Claim Petition No. 17 of 2021, Smt. Janki Devi and Another Vs. Dinesh Chandra Joshi and Others, is set-aside.
11. The matter is remitted back to the Motor Accident Claims Tribunal concerned to
consider and decide the claim petition of the claimant afresh, in accordance with law and in an expeditious manner, preferably within a period of three months from the date of receipt of certified copy of this order, after giving the liberty to all the party concerned.
( Alok Mah r a J.)
12.12.2025 Ujjwal