Delhi High Court - Orders
Ram Vijay Raut vs Tara Chand & Anr on 26 February, 2019
Author: Vinod Goel
Bench: Vinod Goel
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO 82/2019
RAM VIJAY RAUT ..... Appellant
Through: Mr. Shyam Singh Sisodia, Advocate.
versus
TARA CHAND & ANR ..... Respondents
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 26.02.2019 C.M. No.9374/2019 (for exemption) Allowed, subject to all just exceptions. The application is disposed of.
F.A.O. No.82/2019 & C.M. No.9373/2019 (for delay)
1. The order dated 03.08.2018 passed by the Commissioner, Employees' Compensation ('CEC') rejecting the claim of the appellant for granting him compensation on account of injuries suffered by him in an accident dated 16.05.2014, is the subject-matter of challenge in this appeal.
2. Learned counsel for the appellant contends that the witness of the insurer, that is, Dharmender Arya (R2W1) has admitted in his cross-examination that own damage claim pertaining to the accident in question has been paid by them. R2W1 stated that "I have seen the official copy of the insurance policy. It is correct that OD claim has been given to the owner of the vehicle/insured regarding the accident of the vehicle in the policy.
In reply to Court Question' :- The name of the driver was Ram Vijay Raut in the OD Claim."
3. Issue notice to the respondents, on taking steps, by all permissible modes, returnable on 13th September, 2019.
4. Record of the CEC be requisitioned prior to the next date of hearing.
VINOD GOEL, J.
FEBRUARY 26, 2019 'AA'