Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 14 MACT 133/24
Amarkant Sharma Vs. Shavez Chaudhary
15.10.2024
Present:- Sh. Sanjay Sharma and Sh. Rohit Jain, Ld. Counsels for
petitioner.
Respondent no. 1 and 2 ex parte.
Sh. Rajesh Goel, Ld. Counsel for insurance company/R3.
WS on behalf of respondent no. 3/ insurance has already
been filed along with copy for other side. Copy provided to counsel for
petitioner. As per the pleadings, following issues are being framed:
1. Whether petitioner suffered injuries during the accident
occurred on 08.11.2023 near Village Tawli, Muzaffarnagar, U.P.
within the jurisdiction of PS Sahapur Distt. Muzaffarnagar, U.P. due to
rash and negligent driving of the vehicle bearing No. UP12BE-8485
being driven by respondent No. 1/ driver? OPP.
2. Whether petitioner is entitled for compensation, if so, to
what extent and from whom? OPP.
3. Relief.
No other issues arises or pressed.
By way of inclusion of Rule 150A in Motor Vehicles Rules,
1989, concept of recording of evidence by way of Court Commissioner
has been introduced.
In order to achieve timely and expedient decision on this
case, with the consent of the parties, a decision is taken for recording of
evidence by way of Court Commissioner.
Both sides shall file list of witnesses preferably within Three
Days but not later than one week before the Tribunal while sharing an
advanced copy thereof with the opposite parties. Evidence shall continue
on day-to-day basis, till conclusion. Any alteration in schedule for
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recording of evidence, if needed, shall be decided by the Court
Commissioner as per convenience of all concerned, to the extent possible.
In case, for any reason the parties are unable to adhere to
the time schedule extension can be sought from the Tribunal but not
beyond additional Two weeks. The Examination-in-Chief shall be filed
by way of affidavit. Its Copy shall be supplied to opposite party. In case,
the opposite side is desirous of production of any document by the
witness or any other entity for the purpose of cross-examination, an
application requesting the same shall be made well in advance before the
Tribunal. It is clarified that, unless Court Commissioner is of the view
that the interim application made by either of the parties is such that
evidence cannot be recorded before its disposal, the recording of evidence
shall continue unabatedly.
Petitioner’s evidence in this case shall be recorded before
Court Commissioner at the convenience of the parties.
Cost of evidence shall be borne by the insurance company i.e
Rs.2,000/- per witness. Ld. Counsel for the insurance company shall
make the payment for evidence recorded on each date and get it
reimbursed later from the insurance company. s
Ms. Mansi Aggarwal, Advocate, Enrol no. D/4241/2023, M.
No. 8368323258 & 7827060449, Chamber No. E-502, 5th floor,
Karkardooma Courts, Shahdara, Delhi is hereby appointed as Court
Commissioner and LC shall file the report on or before NDOH.
Put up for report of LC regarding recording of evidence for
10.02.2025.
(SHAILENDER MALIK)
PO-MACT-02/SHD/KKD
15.10.2024
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