NEW INDIA ASSURANCE CO LTD Vs. POOJA GUPTA

JUDGEMENT

(1.) -This appeal has been preferred by the appellant-insurance company challenging the judgment and order dated 5th April, 2008, passed by the concerned Motor Accidents Claims Tribunal, Kanpur Nagar.

(2.) ACCORDING to the learned counsel appearing for the appellant-insurance company, number of the vehicle was not taken at the time of filing the first information report in the night at 3.15 a.m. after the accident occurred at about 2.00 a.m. It is a case of hit and run. However, we find that subsequently the vehicle was identified and in the charge-sheet number of the vehicle was given. Five witnesses were examined in the criminal case. The eye-witness was examined before the Tribunal. Therefore, we do not find any cogent reason to interfere in the appeal on such point particularly when there is no rebuttal on this issue on the part of the insurance company before the Tribunal itself.

(3.) IN INdian Bank v. A. B. S. Marine Products Pvt. Ltd., (2006) 5 SCC 72 : 2006 (3) AWC 2276 (SC), the Supreme Court has held as follows :