UNITED INDIA INSURANCE CO. LTD. Vs. SAJI JOHN

JUDGEMENT

(1.) This appeal is preferred against the award in O.P. (M.V.) 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:

(2.) We heard both counsel.

(3.) The learned counsel appearing for the Insurance Company submitted before us that the F.I. 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, PW1 admitted that Joppan was the person who was riding the vehicle.