UNITED INDIA INSURANCE CO. LTD. Vs. SAJI JOHN

JUDGEMENT

(1.) This appeal is preferred against the award in OP (MV) No. 442/2004 on the file of the Motor Accidents Claims Tribunal, Punalur. The United India Insurance Company Limited, the second respondent before the Tribunal, is the appellant herein. Shorn of unnecessary details, the relevant facts for consideration of this appeal is as follows: A motor vehicle accident occurred involving a motorcycle bearing registration No. KL - 2 - M / 4758 and another two wheeler. A claim petition was moved by the rider of the motorcycle bearing registration No. KL - 2 - M / 4758 before the Tribunal. The Tribunal awarded a total compensation of Rs.1,16,500.00 and directed the appellant herein to pay the amount. It is the case of the appellant herein that when the FI Statement was given by the claimant, the number of the offending vehicle was given as OR.14 - F / 2495 Bajaj caliber. Deviating from the same, now the claimant filed this claim petition showing the offending vehicle as scooter bearing registration No. KL - 2 - B / 5094 and arraying the owner of the said vehicle as well as the alleged rider of the said vehicle as respondents Nos. 1 and 3 respectively. The grievance of the appellant is that the vehicle was changed and as such a liability came upon the appellant as it being the insurer of the changed vehicle though the insured vehicle had not actually involved in the accident.

(2.) We heard both counsel.

(3.) The learned counsel appearing for the Insurance Company submitted before us that the FI Statement is the earliest statement given to a person in authority and the contents therein should have been given due evidentiary value and therefore, the Tribunal should have found that the vehicle now on picture is not actually the one involved in the accident and should have exonerated second respondent from liability. It is the further submission that even at the time of cross - examination, PW 1 admitted that Joppan was the person who was riding the vehicle.