No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS AO No. 219 of 2023 Hon’ble Alok Mahra, J. Mr. Pulak Agarwal, learned counsel for the appellant. 2. Mr. Ravindra S. Rawat, learned counsel for respondent nos. 1 to 3/claimants. 3. Mr. Sushil Kumar, learned counsel, holding brief of Mr. Gaurav Singh, learned counsel for the respondent no. 5. 4. The present appeal from order has been filed by the appellant challenging the judgment and order dated 20.03.2023 passed by learned Motor Accident Claim Tribunal/III Additional District Judge, Haridwar in Motor Accident Claim Petition No. 79 of 2019. 5. Learned counsel for the appellant/Insurance Company has submitted that the Motor Accident Claim Tribunal concerned have not taken into consideration the averments made in the written statement as well as the statements recorded by the respondents and have passed the award in an arbitrary and cursory manner. Learned counsel for the appellant/Insurance Company has further submitted that, though, the cause of death of the deceased was brain injury, but, discharge summary of AIIMS dated 17.01.2019 reveals that the patient met with road accident 15-16 days ago while the accident had occurred on 15.10.2018. 6. Per contra, learned counsel for the respondents have submitted that the award passed by MACT concerned is proper and just. 7. The Insurance Company has not raised this issue before the Tribunal and neither the claimants were examined regarding as to whether the deceased suffered any other injury after the month of May, therefore, this plea of the appellant cannot be entertained, for the first time in appeal, which has been filed before this Court. 8. Thus, this Court does not find any reason to interfere with the impugned judgment and award dated 20.03.2023 passed by learned Motor Accident Claim Tribunal/III Additional District Judge, Haridwar in Motor Accident Claim Petition No. 79 of 2019. 9. Accordingly, the present Appeal from Order is liable to be dismissed and the same is hereby dismissed. (Alok Mahra J.) 25.09.2025 Ujjwal