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2023 Supreme(Del) 3260

NAVIN CHAWLA
National Insurance Company Limited – Appellant
Versus
Mahipal – Respondent


Advocates appeared:
Mr.Zorawar Singh & Mr.Jayant Rastogi, Advocates, for the Appellant.
None, for the Respondents.

JUDGMENT

Navin Chawla, J. (Oral)--This appeal has been filed by the appellant challenging the Award dated 24.12.2021 (herein after referred to as the `Impugned Award') passed by the learned Motor Accident Claims Tribunal-01 (North), Rohini Court, Delhi (herein after referred to as the `Tribunal') in MAC Petition No. 125/2015 titled Smt. Shakuntala & Ors. v. Sh. Mahipal & Anr..

2. The limited challenge to the Impugned Award is on the ground that the learned Tribunal has failed to appreciate that the Offending Vehicle, which is a tractor bearing Registration No. HR-38V-0680, was being driven without a valid Fitness Certificate and, therefore, a right to recover the compensation from the owner, that is, the respondent no.1 herein, should have been reserved with the appellant.

3. The learned counsel for the appellant has placed reliance on the cross-examination of the respondent no.1, who had appeared as R1W1 before the learned Tribunal. In the course of his cross examination recorded on 09.07.2019, on the issue of the Fitness Certificate, the respondent no.1 had stated as under:

    "I am 7th class pass. I do not understand English language. I am aware about the contents of my affidavit.

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