Mr. B.S. Walia, J. (Oral):- CM No.3479-CII of 2018 -

For the reasons as are mentioned in the application, the same is allowed. Delay of 39 days in late filing of the appeal is condoned subject to all just exceptions.

CM No.14050-CII of 2018

For the reasons as are mentioned in the application, the same is allowed and copy of Mechanical Report, Annexure A-4 is taken on record.

Main Case

Challenge in the instant appeal is to the grant of recovery rights to the Insurance Company against the appellants i.e. owner-cum-driver of the offending vehicle. The case as set up by the appellant was that a FIR was registered by the father of injured respondent No.1 i.e. (PW-1) mentioning registration number of the offending tractor as HR 42C – 1389, but, subsequently a supplementary statement (Ex.P-92) was made on 19.01.2017 implicating the appellants by giving their tractor number i.e.HR 42B – 9985.

2. The Learned Motor Accident Claims Tribunal, Sonipat (‘Tribunal’ – for short) held that the eye-witness account of the claimant on oath by way of supplementary statement (Ex.P-92) before the Police on 19.01.2017 giving the number of the offending tractor i.e. HR 42B – 9985 owned by the appel