NEW INDIA ASSURANCE COMPANY Vs. BABITA

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been filed by the insurer of the offending Mini Bus No.UP17-AN- 0144, against the impugned judgment and award dtd. 19/9/2009 passed by the Motor Accident Claims Tribunal/District Judge, Baghpat, in Motor Accident Claim Petition No. 4 of 2006 (Smt. Babita and another vs. Peetam Singh), whereby, for the untimely death of Vijay Kumar Sharma (deceased) in a motor accident that occurred on 1/11/2005, a compensation of Rs.2,76,880.00 along with interest at the rate of 6% per annum has been awarded to the claimants, which has been ordered to be indemnified by the insurer of the offending vehicle.

(2.) Learned counsel for the appellant-Insurance Company submitted that the accident was alleged to have been caused, when the deceased Vijay Kumar Sharma was riding as a pillion rider on Motorcycle No.UP17-A- 3407, which was being driven by Kirnesh Sharma, then it was hit by the offending Bus No.UP17-A-0144, but in the connected MACP No.193 of 2006, the eye witness disclosed that the motorcycle was being driven by the deceased himself, which creates a serious doubt on the credibility of the eye witness.

(3.) Learned counsel submitted that since there is a contradictory version of the eyewitness regarding the identity of the person who was driving the motorcycle on the date of the accident, as such, the claim petition could not have been allowed on the basis of such eyewitness testimony