JUDGMENT

Dharmesh Sharma, J. (Oral)

CM APPL. 6626/2024 (Ex.)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

MAC.APP. 83/2024 & CM APPL. 6625/2024 (Stay)

3. The appellant/Insurance Company is assailing the impugned judgment-cum-award dated 10.11.2023 passed by the learned Presiding Officer, Motor Accident Claims Tribunal-02, Shahdara, Karkardooma Courts, Delhi [Tribunal ] primarily on the ground that the learned Tribunal erred in finding the involvement of the offence vehicle bearing registration No. RJ-02CB-8286 in the accident resulting in the death of the deceased/motorcycle rider, Mr. Rajesh Kumar Sharma.

4. Learned counsels for the appellant referred to the contents of the First Information Report [FIR] vis-a-vis testimony of R3W1/IO-SI Om Prakash from Police Station Kotwali District Sambhal, Uttar Pradesh besides that of PW-2 Mahender Singh, who was produced as an eye witness to the accident. It was submitted that in the FIR No. 177/2015 under Section 279/337/304A of the Indian Penal Code, 1860 [IPC ] Police Station Sahibabad, Ghaziabad no details about the offending vehicle were given and it was also reported that the deceased motorcyclist was s