PRADEEP SINGH PARIHAR Vs. RUBINA

JUDGEMENT

(1.) This appeal has been filed by the appellant under Sec. 173 (1) of the Motor Vehicles Act, 1988 against the award dtd. 15/11/2022 passed in MACC No.629/2018 passed by IInd MACT, Rewa, seeking aside principle of pay and recover applied by the Tribunal.

(2.) Learned counsel for the appellant, after referring to para 14 of impugned award, submits that Tribunal has returned findings without taking into consideration deposition of non-applicant witness Pratap Singh. It is also urged that para 5 of non-applicant witness has remained uncross examined. Therefore, relying upon Rishi Pal Singh Vs. New India Assurance Co. Ltd. and Others, 2022 Live Law SC 646, it is submitted that appeal filed by the appellant be allowed and principle of pay and recover applied by the Tribunal be set aside.

(3.) Learned counsel for the respondent insurance company submits that Tribunal, after taking into consideration overall evidence on record and after examining the witnesses has returned findings and hence, no interference in required in the same. Therefore, appeal filed by the appellant be dismissed.