RANJEET SINGH Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Sri Nipun Singh appearing for the appellant and Sri S.K. Mehrotra for the respondents.

(2.) Once the owner admits before the Tribunal to dispose of the claim when it was not proved by the Insurance Company that they were in collusion, this is the main issue involved in this appeal.

(3.) The brief facts as culled out from the record are that the appellant met with an accident on 25/1/2007 at about 11:45 hrs. when he was driving the motorcycle along with his nephew and was travelling between Delhi to Ghaziabad and when he came near I.P.M. College and he entered the railway flyover, one unknown truck being driven rashly and negligently came on the wrong side and dashed with him. He sustained injuries and he had one of his put amputated. The truck could not be named as his nephew and he both were busy in getting him admitted into the hospital. On 29/1/2007 one of the witnesses came and conveyed to him the number of the truck being numbered as DL-01-GB-5913. The owner of the truck gave him some money so that he may not file criminal case. On notice being issued, the Insurance company appeared and filed their reply. The driver and owner accepted the accident having taken place but contended that the accident occurred due to negligence of the appellant herein.