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2023 Supreme(Del) 3118

NAVIN CHAWLA
Iffco Tokio General Insurance Co. Limited – Appellant
Versus
Trilochan Dash – Respondent


Advocates appeared:
Mr.Varun Sarin & Ms.Parul Dutta, Advocates, for the Appellant.
Mr.Sarfaraz Khan, Advocate for R-1.

JUDGMENT

Navin Chawla, J. (Oral)

1. The present appeal has been filed challenging the Award dated 11.05.2018 (hereinafter referred to as the `Impugned Award') passed by the learned Motor Accidents Claims Tribunal, South District, Saket Courts, New Delhi (hereinafter referred to as the `Tribunal') in Petition No. 75578/16 titled Trilochan Dash v. Ranjeet Singh & Ors..

2. By the Impugned Award, the learned Tribunal has held that the accident in question had occurred due to the offending vehicle, that is, the vehicle bearing No. DL 1V C 0902, being driven in a rash and negligent manner by the respondent no.2 herein.

3. The respondent no.1 herein/PW-1/the claimant, had narrated the manner in which the accident had taken place. He had stated that on 11.11.2013 at about 8:30 AM he was going to his office along with another person Sh. Bhimsen Mahapatra. When they reached near Supertech building, Section-93, Noida, Uttar Pradesh, suddenly the offending vehicle coming from the wrong side and being driven recklessly and at a high speed hit him with such force that he sustained grievous injuries. In his cross-examination, however, he stated that at the time of the accident, he was crossing

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