KHOSLA TRANSPORT COMPANY Vs. PRAMOD SINGH

JUDGEMENT

(1.) By the instant appeal, the appellant-the owner of truck bearing no.DL1LG-B-4770, in short 'the offending vehicle', assails the impugned judgment/Award dated 11.10.2013 passed by MACT (North-East), where- under, the right to recover the Award amount from the appellant has been granted to the insurer-the respondent no.3. In view of the restricted challenge to the impugned Award, the advertence to the other factual aspects to maintain the claim petition before the Tribunal, is not called for.

(2.) The Tribunal granted recovery right to the insurer with the observations and the conclusions drawn in the impugned judgment/Award, as follows:

(3.) The conclusions so drawn by the Tribunal are premised on the substantive deposition of R3W1. Though, R3W1 is not the author of the verification report Ex.R3W1/2, his deposition cannot be outrightly rejected for that reason. More so, when his deposition has not come to be challenged to any extent. Even no suggestion for his deposition being either unfounded or being not truthful, came to be given during his cross-examination, though, the appellant and the driver of the offending vehicle, were afforded opportunity for the purpose. Even, no other evidence or material, comes to be pointed out on behalf of the appellant, to not to believe his deposition. His deposition therefore, cannot be simply ignored. He proved the verification report Ex.R3W1/2 on record, and, the operative portion therefore, reads, as under: