SHIV CHARAN Vs. GULFAM KHAN

JUDGEMENT

(1.) This appeal has been filed challenging the Award dtd. 3/11/2017 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 and Ors., by which the claim petition filed by the appellant herein has been dismissed by the learned Tribunal, holding as under:

(2.) The learned counsel for the appellant submits that the accident in question had occurred when the claimant along with his friend- Dharminder @ Dharam Singh was going towards Bhagpat, UP for some work on the motorcycle bearing registration number DL5R 5623, and had met with an accident with a truck bearing no. HR55W 0193. He submits that Mr. Dharminder filed his own claim petition before the learned Motor Accidents Claims Tribunal, East, Karkardooma Courts, being MACT case No.51/17. In the said claim petition, by the Award dtd. 27/4/2019, the learned Tribunal held as under:

(3.) The learned counsel for the appellant submits that the Award dtd. 27/4/2019 passed in MACT Case No. 51/17 was challenged by the respondent no.3 herein, by way of an appeal, being MAC.APP. 666/2019, inter-alia challenging not only the involvement of the offending vehicle, but also the finding of the same being driven in a rash and negligent manner, resulting in the accident. This Court however, vide its judgment and order dtd. 1/8/2019, dismissed the appeal, observing as under: