IFFCO TOKIO GIC LTD H C PANDE, ,PRAMOD KUMAR BAILWAL vs SMT. RENU Advocate - NEERAJ GARG — AO/450/2019

Case under Motor Vehicles Act, 1988 (Act No. 59 of 1988) Section 173. Disposed: Contested--DISMISSED on 08th May 2026.

CNR: UKHC010171102019

CASE DISPOSED

Filing Number

AO/8903/2019

Filing Date

18-10-2019

Registration No

AO/450/2019

Registration Date

18-10-2019

Judge

Hon'ble Mr. Justice Ravindra Maithani

Coram

Hon'ble Mr. Justice Ravindra Maithani

Bench Type

Single Bench

Category

APPEAL ( 3 )

Sub-Category

UNDER SECTION173 MOTOR VEHICLE ACT 1988 ( 1 )

Judicial Branch

ALL SECTIONS (CIVIL AND CRIMINAL)

Decision Date

08th May 2026

Nature of Disposal

Contested--DISMISSED

Acts & Sections

Motor Vehicles Act, 1988 (Act No. 59 of 1988) Section 173

Petitioner(s)

IFFCO TOKIO GIC LTD H C PANDE, ,PRAMOD KUMAR BAILWAL

Respondent(s)

SMT. RENU Advocate - NEERAJ GARG

MASTER NAMAN

MASTER AMAN

SMT. SUSHMA

Adv. NEERAJ GARG

SACHENDRA

Adv. KARAN ANAND

KARANVEER CHHABARA

Adv. KARAN ANAND

Hearing History

Judge: Hon'ble Mr. Justice Ravindra Maithani

21-10-2019

FRESH CASES AS DEFECTIVE -236

21-02-2025

FOR FINAL HEARING -40

14-11-2024

FOR FINAL HEARING -40

13-09-2024

FOR FINAL HEARING -40

16-05-2024

FOR FINAL HEARING -40

Orders

08-05-2026
Hon'ble Mr. Justice Ravindra Maithani

Case Summary: AO/450/2019 Court Decision: The High Court of Uttarakhand dismissed IFFCO TOKIO GIC Ltd.'s appeal and upheld the Motor Accident Tribunal's compensation award of Rs. 19,61,090/- to the deceased's family. The court found the car driver was solely responsible for the rash and negligent driving that caused the fatal motorcycle accident on 26.03.2016, rejecting the insurer's arguments about discrepancies in FIR vehicle details and contributory negligence by the motorcycle rider. Key Reasoning: The court relied on eyewitness testimony (PW3 Ajay Kaushal) identifying the Santro Hyundai car as the vehicle causing the collision, finding minor FIR discrepancies immaterial. The court noted the appellant presented no evidence supporting contributory negligence claims, while claimants established the car driver's sole fault through direct witnesses and medical documentation. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Case Summary: AO/450/2019 Court Decision: The High Court of Uttarakhand dismissed IFFCO TOKIO GIC Ltd.'s appeal and upheld the Motor Accident Tribunal's compensation award of Rs. 19,61,090/- to the deceased's family. The court found the car driver was solely responsible for the rash and negligent driving that caused the fatal motorcycle accident on 26.03.2016, rejecting the insurer's arguments about discrepancies in FIR vehicle details and contributory negligence by the motorcycle rider. Key Reasoning: The court relied on eyewitness testimony (PW3 Ajay Kaushal) identifying the Santro Hyundai car as the vehicle causing the collision, finding minor FIR discrepancies immaterial. The court noted the appellant presented no evidence supporting contributory negligence claims, while claimants established the car driver's sole fault through direct witnesses and medical documentation. This case analysis is maintained by casestatus.in based on publicly available court records.

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