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ASHOK KUMAR GAUR
Ramesh Kumar Gurjar – Appellant
Versus
Sunita – Respondent
ORDER
1. Learned counsel for the appellant-non-claimants, i.e. Driver and Owner of Truck No.RJ-23/R-7641, Mr. Vijay Poonia submitted that the present appeal has been filed challenging the award dated 11.02.2019 passed by the Motor Accident Claims Tribunal, Sikar in Claim Case No.212/2013 whereby the claim petition filed by the claimant-respondents has been allowed and an award of Rs.5,40,000/- along-with interest has been passed in favour of the claimants.
2. Learned counsel submitted that on claim petition filed by the claimants, the MACT, Sikar vide order dated 13.10.2014 deleted the Insurance Company as party respondent from the Claim Petition and further by a separate order dated 13.10.2014 passed an order under Section 140 of the Motor Vehicles Act, 1988 while giving interim award of Rs.50,000/- in favour of the claimants.
3. Learned counsel submitted that since the Insurance Company was wrongly deleted from the array of respondents, as such, the appellant-Mahipal filed S.B. Civil Writ Petition No.13644/2014 challenging both the orders passed on the same date i.e. the order deleting the Insurance Company as party respondent and order of interim award.
4. Learned counsel submitted
The necessity of including the Insurance Company in claim proceedings under the Motor Vehicles Act is crucial for valid awards.
The central legal principle established is that the burden of proof in motor accident claims lies with the claimants to provide consistent and credible evidence linking the insured vehicle to the acc....
Dismissal of application to set aside an ex-parte award in a motor accident claim cannot solely rely on delay when a prior concession was made by the opposing party, warranting examination of justice....
The court upheld the agreement of the Appellant to withdraw the appeal and settle the compensation amount without opposition, confirming the claimant's right to receive the awarded sum.
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