LAWS(ALL)-2014-11-77

UNITED INDIA INSURANCE CO LTD Vs. ARIF

Decided On November 05, 2014
UNITED INDIA INSURANCE CO LTD Appellant
V/S
ARIF Respondents

JUDGEMENT

(1.) THE appeal is directed against the judgment, order and award dated 8.9.2014 passed by the Motor Accident Claims Tribunal in Motor Accident Claim Petition No.763 of 2013 Arif Vs. Vinod Kumar Saini and others.

(2.) TWO arguments have been raised by Sri Srivastava, learned counsel appearing for the appellant insurance company. The first argument is that the motorcycle was not involved in the accident. Secondly, the disability certificate produced by the claimant -respondent was inadmissible in evidence as it was not issued by any Medical Board.

(3.) THE appellant insurance company can not have any personal knowledge regarding the involvement of the motorcycle in the accident. The owner in his written statement has admitted that the accident took place with the motorcycle. There is no evidence on record to prove that there was any collusion between the claimant and the owner of the motorcycle.