NATIONAL INSURANCE CO LTD Vs. VIJAY LAXMI

JUDGEMENT

(1.) THE Appeal is directed against a judgment dated 19.01.2006 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.13,95,000/- was awarded in favour of Respondents No.1 to 3 for the death of one Suresh Chandra who died in a motor vehicle accident which occurred on 17.05.2004. During the course of arguments, it was pointed out by the

(2.) LEARNED counsel for the Respondents No.4 and 5 that during inquiry before the Claims Tribunal an application under Section 151 CPC along with Verification Report of the driving licence from District Transport Office, Gaya was placed on record. The learned counsel for the Appellant has given up the plea of

(3.) IT may be noticed that Vijay Kumar PW-3 is the author of the FIR No.221/2004, Police Station Indrapuri. He informed the police that the accident was caused as the truck (the offending vehicle) had entered the carriage way from wrong side and was being driven in a rash and negligent manner by its driver. Although, PW-3 Vijay Kumar when examined during inquiry before the Claims Tribunal did not support the version as given in the FIR, but he could not give any reason as to how he signed the complaint Ex.PW-1/D, on the basis of which the FIR was registered.