THE NATIONAL INSURANCE COMPANY LIMITED Vs. SUNITA DEVI

JUDGEMENT

(1.) IN this appeal filed by the insurance company, the only challenge is to be finding of the learned MACT that the accident occurred due to the rash and negligent driving of the driver of the Mini Bus which was insured with the appellant -insurance company.

(2.) MR . P. Gautam, learned counsel, appearing on behalf of the insurance company submits that there was head on collision between two vehicles. One insured with the appellant -insurance company and the second belonged to the CRPF. Learned counsel submits that the claimants purposely did not array the CRPF as respondent and there is no evidence worth the name to show that the accident took place due to the rash and negligent driving of the driver of the Mini Bus. Unfortunately, no eye witnesses to the accident were examined by either side. Therefore, the only document on which reliance can be placed is the FIR and the charge sheet of the police which has been proved and exhibited on record as Exbt. 3 series. The final report of the police official clearly shows that the accident occurred due to rash and negligent driving of driver of Mini Bus bearing registration No. TR -03 -1256. The case was also registered only against the driver of the Mini Bus under Section 279, 337, 378 and 304A IPC.

(3.) THEREFORE , I find no merit in this appeal which is accordingly dismissed.