No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS AO No. 344 of 2024 Hon ’ble Alok Mah r a, J. Mr. Amit Kapri, learned counsel for the appellant-Insurance Company. 2. Mr. Vikas Pande, learned counsel for the respondent no.1-claimant. 3. The appellant-Insurance Company has filed the present appeal challenging the judgment/ award dated 03.04.2024 passed by learned Motor Accident Claim Tribunal/ District Judge, Pithoragarh, District Pithoragarh in MACP No. 45 of 2022. 4. Appellant-Insurance Company has challenged the award on the ground that the son of the claimant died in the accident; that the claimant did not prove the inquest-report of the deceased. 5. Learned counsel for the respondent- claimant has argued that the plea raised before the MACT concerned that the deceased was sitting on the roof of the Bolero jeep and, as such, due to the accident, he died was made on behalf of the Insurance Company. Since, the Insurance Company has raised this plea, therefore, the burden of proof to prove the inquest-report and substantiate their contention was upon the Insurance Company. The Insurance Company did not prove the inquest report before the MACT concerned and it was not incumbent upon the claimants to prove the inquest-report. It is further contended that other passengers, who were travelling in Bolero jeep, in their statements, have categorically stated that all the passengers were sitting inside the car. 6. Heard learned counsel for the parties and perused the record. 7. This Court, prima facie, is satisfied with the arguments submitted by learned counsel for the respondent-claimant that burden of proof to prove the inquest-report and substantiate their contention was upon the Insurance Company. 8. After hearing the learned counsel for the parties and after perusing the record, this Court is of the opinion that the learned Tribunal has rightly appreciated the material on record while computing the income and future loss of the deceased, and this Court does not find any infirmity or perversity in the impugned judgment and award dated 03.04.2024 passed by learned Motor Accident Claim Tribunal/ District Judge, Pithoragarh, District Pithoragarh in MACP No. 45 of 2022, therefore, the present appeal from order is liable to be dismissed and is hereby dismissed. There shall be no order as to costs. 9. Further, the statutory amount of Rs. 25,000/ - deposited in the Registry of this Court shall be transmitted to the concerned Tribunal for payment to the appellant/ Insurance Company. ( Alok Mah r a J.) 10.01.2026 Ujjwal