HIGH COURT OF UTTARAKHAND AT NAINITAL

Appeal From Order No. 107 of 2019

21^st August, 2025

M/s Benetton India Private Limited and another

………..Appellants

Versus

Smt. Soni Devi and Others ……..Respondents ----------------------------------------------------------------------

Presence:-

Mr. Narendra Bali Advocate for the appellant.

Ms. Sangeeta Adhikari Patni, learned counsel for respondent nos.

1 to 6.

Mr. Pramod Bailwal, learned counsel for respondent no.7.

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Hon’ble Mr. Alok Mahra, J.

This appeal under Section 173 of the Motor

Vehicles Act, 1988, has been preferred by the appellant against the judgment and award dated 31.01.2019 passed by the learned M.A.C.T./2^nd Additional District Judge, Udham Singh Nagar in M.A.C.P. No. 302 of 2016 “Smt. Soni Devi and Others Vs. M/s Benetton India Private Limited and Others”. By the said judgment, the learned Tribunal partly allowed the claim petition and awarded a compensation of ₹21,95,886/- against the appellant- Insurance Company, but granted the Insurance Company the right to recover the said amount from the appellant-owner/driver of the offending vehicle on

the principle of “pay and recov