(1.) Owner of the offending vehicle, a Maruti Car bearing registration no.DL-9C-3252 (for short offending vehicle) has filed the instant appeal against the award dated 22.7.2009 passed by learned Motor Accident Claims Tribunal,Karnal (for short the Tribunal) whereby the claim petition under Sections 166/140 of the Motor Vehicle Act filed by the respondent/claimant-Rakesh for the injuries suffered by him in a motor vehicular accident involving offending vehicle has been allowed and a compensation of Rs.83,787/- has been awarded to him.
(2.) It is submitted by the learned counsel for the appellant that the accident in question had taken place on 26.11.2006 and on the same day FIR No.494 dated 26.11.2006 under Sections 279/338 IPC was got registered at PS Tilak Marg,New Delhi. As per version given by the claimant/respondent in that FIR the colour of the offending vehicle was mentioned as white whereas as per the report prepared by the Investigator Vigilance Maruti Udyog,Gurgaon the original colour of the vehicle bearing registration no.DL-9C-3253 SG is red. It is further submitted that Suresh Chand,ASI, Police Headquarter,New Delhi while appearing as RW-2 has categorically stated that since the vehicle in question was not found to be involved in the accident, untraced report was prepared and submitted in the court of learned Illaqa Magistrate. It is thus contended that the learned Tribunal, by ignoring the aforesaid material evidence available on record has erred in allowing the claim petition filed by the respondent.
(3.) After hearing the learned counsel, I find no merit in the submission made on behalf of the appellant.