AO/284/2023
2023 Latest Caselaw 1923 UK

                Office Notes,
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      Date                                      COURT'S OR JUDGES'S ORDERS
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                                  AO No.284 of 2023
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Oshank Sharma, Advocate for the appellant.

2. Learned counsel for the appellant would submit that the Judgment/Award passed by the Tribunal has been assailed on the ground that it is a case of false implantation of driver; that, at the time of alleged accident it was the minor Akash who was driving the offending motorcycle whereas in the claim petition respondent no.5 Ramu Singh was shown as the driver of that offending vehicle; that, in this regard there is evidence of DW1 Pushpendra, Surveyor of the Company who gave the oral evidence and placed on record the first medical report of the injured 27.12.2018 in which there is no mention of the name of respondent no.5. He would further submit that DW1 Pushpendra, Surveyor of the Insurance Company, shall not come in the category of hearsay evidence and the Tribunal has erred inn law in not appreciating his evidence to the effect that it was not respondent no.5 who was driving the offending motorcycle but the minor Akash who was also injured in this case. He seeks time to place case law on this point.

3. Allowed.

4. List on 02.08.2023.

(Vivek Bharti Sharma, J.) 24.07.2023 Rajni