DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD. Vs. SHEKHAVVA

JUDGEMENT

(1.) This appeal is preferred by the insurance company challenging the judgment and award passed by the III Additional Civil Judge (Sr.Dn) and CJM, Dharwad in MVC No.608/2007 dated 10.02.2009.

(2.) The brief facts, which are necessary for disposal of the appeal are as under:-

(3.) The learned counsel for the appellant, Sri. S. C. Jainar, vehemently contended that the Tribunal while passing the impugned judgment has totally ignored the evidentiary value of Exs.R.1 to R.7, which are marked by consent. It is his case that the Tribunal also ignored the fact that the oral evidence of P.W.2 and 3 are not believable in view of the fact that the very same witnesses who have turned hostile before the Criminal Court and they fully supported the case of the claimants in the proceedings before the Tribunal and as such, their evidence is doubtful. He submitted that the Tribunal did not take into consideration the delay of 29 hours in lodging the complaint, which clearly establishes that the offending vehicle is falsely implicated with the active collusion of the owner of the vehicle and the police authorities and therefore, sought for allowing the appeal.