UNITED INDIA INSURANCE CO. LTD. Vs. XAVIER

JUDGEMENT

(1.) Heard the learned counsel for the appellant. No representation for the respondents in this matter.

(2.) In this appeal filed at the instance of the Insurance Company, the 3rd respondent, award in O.P.(M.V) No. 1877/2004 dtd. 19/2/2009, is under challenge on the ground that the finding of the Tribunal fastening negligence on the part of the 2nd respondent is erroneous.

(3.) It is submitted by the learned counsel for the petitioner that though the occurrence was on 30/11/2002, police registered crime in this matter on the basis of a private complaint lodged by the complainant on 23/5/2003 before the Magistrate court. It is submitted further that though police filed Ext.A3 charge sheet, attributing negligence on the part of the 2nd respondent, the court below failed to give emphasis to Ext.X1, copy of GD entry of Arthunkal Police Station. According to the learned counsel, as per the GD entry, on 3/12/2002 (after three days of occurrence), it was stated that the alleged offending vehicle, KL-4/D-1607 was ridden by the original petitioner himself as reported by the said petitioner and in consequence thereof, the accident occurred. Thus the police charge cannot given emphasis to find negligence, is the submission of the learned counsel for the petitioner. 3. On perusal of Ext.X1, the submission made by the learned counsel for the petitioner found to be having force.