SIJUMON Vs. THULASING NITHIYASREE NILAGAM

JUDGEMENT

(1.) THE claimant before the MACT challenges in this appeal the award of the learned Tribunal, dismissing the claim petition on the basis of a finding that the offending autorikshaw was driven by the claimant himself.

(2.) ACCORDING to the claimant/appellant, the autorikshaw was driven by the 2nd respondent and he was travelling in the autorikshaw as a passenger. The learned Tribunal, however, on appreciating the evidence adduced by the parties including Exts.B5 and B6, copies of Section 161 statements given by the charge witnesses in Ext.A1 case, which were charge sheeted by the police on the basis of a private complaint submitted by the appellant. The learned MACT came to the conclusion that the appellant failed in proving his material allegation that the autorikshaw was driven by the 2nd respondent and that he was only a passenger in the same.

(3.) THE learned Standing Counsel for the Insurance Company opposes the request of remand. According to the learned Standing Counsel, the impugned award has been passed by the learned Tribunal properly appreciating the evidence, which came on record. It was submitted that if this Court is inclined to afford opportunity, then the interest of the Company should be protected by incorporating sufficient safeguards.