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2025 DAILYLAW 3354 (UTT)

THE UNITED INDIA INSURANCE COMPANY LTD. v. SMT TULSI DEVI

AO/93/2020 · 2025-09-25

Alok Mahra

body2025

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. 93 of 2020 Hon’ble Alok Mahra, J. Mr. D.C.S. Rawat, learned counsel for the appellant/Insurance Company. 2. None is present for the respondents. 3. The present appeal from order has been filed by the appellant challenging the judgment and order dated 08.11.2019 passed by learned Motor Accident Claim Tribunal/District Judge, Pithoragarh in Motor Accident Claim Petition No. 10 of 2019. 4. Learned counsel for the appellant/Insurance Company has submitted that considering the material facts and taking into consideration the evidence, the award has been passed in a perverse manner. Learned counsel for the appellant/Insurance Company has further submitted that after the accident, the Insurance Company got the matter investigated through its investigator Chandra Pal Singh Tomar, who after investigation, submitted a report that the vehicle was driven by Pushkar Singh. It is further submitted that at the time of accident, the vehicle was driven by Pushkar Singh, whereas, in the Claim Petition, which has been filed, it is alleged that Balwant Singh was driving the vehicle in which he died. 5. After perusing the records, it is revealed that no evidence was produced in this regard by the Insurance Company that Pushkar Singh was driving the vehicle and not the driver Balwant Singh. 6. The Insurance Company has taken a special plea in this regard that Balwant Singh was not driving the vehicle and Pushkar Singh was driving the vehicle and issue no. 3 was framed in this regard, which was decided on the basis of the statement of Sri Sunil Kumar, who was the witness, but, the appellant/Insurance Company failed to adduce any evidence in support of the statement made by Sri Sunil Kumar. 7. Thus, this Court does not find any reason to interfere with the impugned judgment and award dated 08.11.2019 passed by learned Motor Accident Claim Tribunal/District Judge, Pithoragarh in Motor Accident Claim Petition No. 10 of 2019. 8. Accordingly, the present Appeal from Order is liable to be dismissed and the same is hereby dismissed. (Alok Mahra J.) 25.09.2025 Ujjwal