M D, PANBAS Vs. RESHMA

JUDGEMENT

(1.) THE present appeal is preferred against the impugned award dated 29.04.2013, whereby the learned Tribunal has granted compensation for an amount of Rs.12,23,296/ - with interest at the rate of 9% per annum from the date of filing of DAR petition till realization of the amount.

(2.) MR .Kamal Sharma, learned counsel appearing on behalf of appellant submits that the negligence on the part of the respondent No.7, i.e., driver of the offending vehicle has not been established as there was no eye witness to the accident. However, while awarding compensation, the learned Tribunal has relied upon the testimony of PW2, Ravinder Singh, who is a planted witness. He submits that neither in examination -in -chief nor during cross - examination, the said PW2 stated nothing with regard to the negligence on the part of the respondent No.3.

(3.) ON negligence, the learned Tribunal had framed the following issue on 24.02.2012: -