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2023 Supreme(Del) 2979

NAVIN CHAWLA
Shiv Charan – Appellant
Versus
Gulfam Khan (National Insurance Company Limited) – Respondent


Advocates appeared:
Mr.Kamaldeep, Advocate, for the Appellant.
Mr.Arihant Jain, Advocate for Ms.Shantha Devi Raman, Advocate, for R-3.

JUDGMENT

Navin Chawla, J. (Oral)

1. This appeal has been filed challenging the Award dated 03.11.2017 passed by the learned Motor Accidents Claims Tribunal (Pilot Court), Karkardooma Courts, Delhi (hereinafter referred to as the learned `Tribunal') in MACT Case no.120/17, titled Shiv Charan v. Gulfam Khan & Ors., by which the claim petition filed by the appellant herein has been dismissed by the learned Tribunal, holding as under:

    "11. Before adjudicating the facts, it is vehemently argued by the Ld Counsel for the insurance company that the claim petition filed by the petitioner is not maintainable and this petition should be dismissed as petitioner has not proved the criminal records, any injury by way of medical records/medical bills as well as involvement of vehicle driven by respondent No. 1. It is vehemently argued by the counsel for the respondents that the petition is liable to be dismissed as the petitioner failed to prove any negligence of the respondent No.1. The arguments of the ld. Counsel for respondents appears to have substance."

2. The learned counsel for the appellant submits that the accident in question had occurred when the claimant along with his friend- Dharm

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