BAJAJ ALLIANZ INSURANCE CO LTD Vs. SUDESH

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs.16,52,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents No.1 to 5 for the death of Surender Singh who died in a motor vehicle accident which occurred on 13.12.2002.

(2.) THE finding on negligence is not disputed by the driver, owner and the Insurer. Thus, the same has attained finality.

(3.) IN cross-examination, the witness deposed that though the night was foggy but the visibility was clear. Of course, PW-2 Satish Kumar's testimony before the Court of Metropolitan Magistrate is at variance with the testimony recorded before the Claims Tribunal. Witness Satish Kumar was not cross-examined on this aspect. He was not confronted with his statement recorded in the Court of Metropolitan Magistrate. Thus, the Appellant cannot take any advantage of the alleged contradiction between the two statements.