NEW INDIA ASSURANCE CO. Vs. RUPIN

JUDGEMENT

(1.) An Appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been filed on behalf of the Insurance Company to challenge the Award dtd. 12/8/2021 vide which compensation in the sum of Rs.19,05,000.00 along with interest 8% per annum has been granted on account of demise of Shri Vishal in a road accident, on 18/3/2015.

(2.) The main ground of challenge of the Award is that the alleged offending vehicle was not involved in the accident.

(3.) It is submitted on behalf of the Appellant that the learned Tribunal has failed to consider the admission and non-declarations in the evidence of PW2/Shri Ashok Kumar, who despite his assertion that he had remained on the scene of crime for about 15 minutes and had met the Police, but has admitted that his name did not feature in the List of Witnesses in the Chargesheet.