YASIN KHAN Vs. SUKHRAM & OTHERS

JUDGEMENT

(1.) This appeal has come against the award dated 5.4.2011 passed by the Motor Accident Claims Tribunal in Claim Case no.53/2009. The claim has been dismissed only on the ground that the appellant in his statement stated that the appellant has not given the correct chasis number even though, the correct chasis number is available in the FIR. The registration number is also not disputed. The possibility of the wrong mention of chasis number is quite probable. The normal confrontation in accident case is that the registration number of the vehicle in this case, after the intimation was given to the police where the registration number was very much mentioned, even if the FIR was registered belatedly. The initial factum about the registered vehicle is very much there and cannot be denied. The respondent has failed to prove that the Tribunal has wrongly considered the claim only because the appellant has given wrong chasis number but given the award.

(2.) By taking into consideration which is on record as such, the award of the Tribunal set aside with the direction to the Tribunal to rehear the parties and decide the matter afresh taking entire evidence into consideration. Parties to appear before the Tribunal on 7.5.2013. The tribunal will decide the matter within three months thereafter. A copy of this order alongwith original record be sent to the Tribunal forthwith. Order accordingly.