UNITED INDIA INSURANCE CO LTD Vs. TARA CHAND

JUDGEMENT

(1.) INSTANT appeal has been preferred against the award dated 25.11.2011, whereby the learned. Tribunal has directed the appellant to pay the compensation amount in favour of the respondent No.1 / claimant.

(2.) LD . Counsel appearing on behalf of the appellant has argued that their Senior Investigator had filed the Verification Report of the driving licence which was issued by the Licensing Authority, Bulandshahar vide no. T-4634. As per the said Report, the licence was not issued in the name of Sh. Saleem, S/o, Sh. Gulla (respondent no.2 herein), however, the same was issued to Sh. Santraj, S/o, Sh. Kishorilal.

(3.) ON the other hand, ld. Counsel for the respondent nos. 2 and 3, driver and owner respectively has submitted that the appellant had stated in reply to the Claim Petition that, "Para 23 of the Claim Petition is wrong and denied. The petitioner has made wrong allegations only with a motive to claim higher amount. The vehicle allegedly involved in this accident was not at all involved in the accident. The petitioner had fallen from his own scooter and hit the pavement. The petitioner is trying to claim compensation on false and frivolous grounds. The vehicle allegedly involved in the accident has been driven properly by the respondent no. 1 always, who was following proper rules and regulations as per traffic norms. No liability can be fastened upon respondent no. 3 in the above-mentioned facts. The amount of Rs.8 Lac claimed in this petition is also highly exaggerated and without basis and this petition should be dismissed outrightly. Also the petitioner is not entitled to any kind of interest on the amount claimed. The petitioner has also not spent any amount on special diet nor has he suffered any loss of income due to his accident."