DAYA NAND Vs. ROMAL

JUDGEMENT

(1.) Vide the present appeal, the appellant has assailed the impugned award dated 27.07.2006, whereby the learned Tribunal has granted compensation for a sum of Rs.6,66,500/- with interest at the rate of 8% per annum from the date of filing the claim petition till realization of the amount.

(2.) It is important to note that on the date of the accident, respondent No.5 was the registered owner of the offending vehicle, however, appellant Daya Nand admitted that on the date of the accident he was the actual owner of the tractor and was in possession of the alleged offending vehicle.

(3.) The present appeal has been filed mainly on the ground that offending vehicle was not involved in the accident. Police had filed the chargesheet against the driver of the offending vehicle solely on the testimony of the planted witness. However, the said witness had neither seen the accident nor noted the number of the offending vehicle nor identified the driver of the offending vehicle.