UNITED INDIA INSURANCE CO LTD Vs. KRISHNA KUMAR

JUDGEMENT

(1.) AMITAVA Lala, J. The application under Section 170 of the Motor Vehicles Act, 1983 (hereinafter called as the 'act') has been rejected. The appeal has not been preferred in connection with any violation of Section 149 (2) of the Act so that it can be entertained independently at the instance of the insurance company.

(2.) THE only dispute is with regard to presence of eye-witness. It is a question of fact which has been thoroughly considered by the Tribunal and came to a finding, therefore, we do not propose to interfere with such judgment and award passed by the tribunal.

(3.) THE statutory deposit of Rs. 25,000/- made before this Court under this appeal be remitted back the concerned tribunal as prayed for by the Insurance Company so That the amount can be adjusted with the claim of the claimants.