NATIONAL INSURANCE CO. LTD. Vs. SHAKEELA BANO

JUDGEMENT

(1.) Heard Mr. Tarun Kumar Mishra, learned counsel for the appellant, and Ms. Savita Jain holding brief of Mr. R.K. Dwivedi, learned counsel for the respondent Nos. 1 to 6.

(2.) The instant appeal has been preferred against the award dated 24.7.2008 by which the MACT/Special Judge, Lakhimpur Kheri by means of the award dated 24.7.2008 has awarded a sum of Rs. 1,89,500 along with 6 per cent interest in favour of the claimants.

(3.) The primary submission of the learned counsel for the appellant is that the involvement of the offending vehicle was not made out from the statement which was led before the Tribunal and, therefore, the finding returned by the Tribunal on issue No. 1 is erroneous. It has also been urged that PW 2, who was examined, stated that though he had seen the accident but he did not know who was the injured and later he went on to state that he recognised that the person injured was Kallu and, therefore, he was one who had informed the brother of the deceased. The statement is not consistent and the version of the claimant's witness was not believable especially in the light of pleadings of the owner of the offending vehicle who had taken a plea that his vehicle was never in District Lakhimpur Kheri and, therefore, it appears that the said vehicle has been incorrectly implanted.