USHA RANI Vs. PRITAM SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment/Award of the Motor Accident Claims Tribunal in Case No.113/84, whereby the Tribunal by its award dated 3.1.1995 has held that no accident took place with the offending vehicle and that the Insurance Company was not liable to discharge the claim even if the claim had been proved.

(2.) Brief facts of the case as noted by the Motor Accident Claims Tribunal are as follows:-

(3.) It is contented by counsel for the appellant that the reasoning of the learned Tribunal on the factum of accident is incorrect inasmuch as it has disbelieved, PW-5, a Constable who was an eye-witness and at whose instance F.I.R., Exhibit PW-4/1 was registered. He submits that the Tribunal has on conjectures and surmises come to a wrong conclusion.