ORIENTAL INSURANCE CO. LTD Vs. DHYAN SINGH

JUDGEMENT

(1.) This appeal by the insurance company against the award dated 05.10.2018 passed in Claim Case No.100965/2015 by II Additional MACT, Khargone is directed on two counts:

(2.) Upon perusal the impugned award and the evidence on record and the submission advanced, it is found that in the next two days of occurrence of accident, witnesses were examined and upon detailed investigation, the offending vehicle was seized after eleven days. The driver and the owner of the vehicle were arrested and challan was filed. The claimants had proved the factum of accident by examining two eye-witnesses by submission of documentary evidence based on FIR, statement recorded under Section 161 of Cr.P.C. and challan before the Court.

(3.) The Insurance company has only led the evidence of private investigator. There is no evidence belying the claim of factum of the incident and involvement of the offending vehicle.