NEW INDIA ASSURANCE COMPANY Vs. ANGOORI & OTHERS

JUDGEMENT

(1.) This judgement shall dispose of FAO No.493 of 2013 and FAO No.494 of 2013, as both these appeals arise out of the same accident.

(2.) The New India Assuraace Company Ltd. aggrieved by the negligence attributed to the driver of the TATA-407 vehicle bearing registration No.HR46-6560 and the monthly earning capacity of deceased Roop Singh and Gian Singh at Rs. 4500 and Rs. 6000/- respectively, have come out with the present appeal.

(3.) Learned counsel appearing for the appellant-insurance company would vehemently submit that the Tribunal has misread the evidence of PW1 and PW2 and recorded a finding that TATA-407 driven by the driver thereof caused the accident on account of rash and negligent driving. She would also submit that the evidence of PW1 is found to be totally contradictory to his version in the first information report. Such a contradictory piece of evidence recorded cannot be relied upon by the Court of law. She would also submit that the monthly earning capacity of the deceased Roop Singh and Gian Singh had been taken on the higher side by the Tribunal.