NATIONAL INSURANCE CO LTD Vs. NITMALA TEWARI

JUDGEMENT

(1.) Heard the learned Counsel for the insurer-appellant.

(2.) The insurer appellant has filed this appeal under Section 173 of Motor Vehicles Act feeling aggrieved by the award of an amount of Rs. 1,98,800 to the claimants-respondents on account of the untimely death of Chandra Bhushan Tripathi, aged about 50 years in an accident involving the offending motor vehicle which had been insured by the present appellant.

(3.) The learned Counsel for the appellant has strenuously urged that the offending vehicle a truck bearing registration No. UP 77A-4191 was not involved in the accident and has tried to assail the findings of the Claims Tribunal returned against the appellant on this aspect of the case. What has been urged by the counsel for the appellant is that the two eyewitnesses, who had been examined in support of their case to prove that the aforesaid truck was, in fact, the offending motor vehicle which had been rashly and negligently driven resulting in the accident which had caused the death of Chandra Bhushan Tripathi, could not be relied upon.