ORIENTAL INSURANCE COMPANY Vs. RAVINDRA SHARMA

JUDGEMENT

(1.) HEARD learned Counsel for the parties and also perused the materials on record.

(2.) THIS appeal is brought against the judgment and decree dated 28.11.2005 passed by the Motor Accident Claims Tribunal/Addl. District Judge, Court No. 2, Etawa in M.A.C.P. No. 78/2004 between Ravindra Sharma and Ashok Singh and Another. It is said that the learned Tribunal had not properly appreciated the material on record and arrived at wrongful conclusion while awarding compensation to the claimant/respondent No. 1. It is also said that the vehicle in question was not involved in the accident and the entire claim was set up by the petitioner in a fanciful manner and in connivance with the owner of the vehicle. Even no information of this accident was given to the Oriental Insurance Company Ltd. (Company).

(3.) FIRST and foremost argument advanced by the learned Counsel for the appellant is that the truck in question was not involved in that accident and for that reliance has been placed on the final report so submitted by the police. With regard to that accident FIR No. 18/2004 under Sections 279/338, IPC was registered at P.S. Kotwali, Etawah. It is also said that the final report (FR) appears to have been accepted by the learned Magistrate.