UNITED INDIA INSURANCE CO. LTD. Vs. USHA KALRA

JUDGEMENT

(1.) The present appeal has been filed by the Insurance Company, challenging the impugned Award dated 2.11.1996, passed by the learned Motor Accident Claims Tribunal, Kurukshetra (in short 'the Tribunal'), vide which a sum of Rs. 3,17,000/- has been allowed to respondent Nos. 1 to 4-claimants and the appellant being the insurer, alongwith owner and driver has been held liable to pay the compensation. Learned counsel for the appellant contends that the learned Tribunal erred in awarding the compensation without appreciating the evidence placed on record. In fact, it is a clear case of collusion between the parties. The registration, chassis and engine numbers mentioned in the FIR did not tally with the registration, chassis and engine numbers of the offending tractor. The learned Tribunal by relying on the statement of one Ramesh Arora, P.W. 1, held the driver of the offending tractor No. HRL-4277, rash and negligent.

(2.) On the other hand, the learned counsel for the respondent Nos. 1 and 2 submits that the learned Tribunal has rightly held liable the appellant to pay the compensation. Therefore, the present appeal deserves to be dismissed.

(3.) I have heard the learned counsel for the parties and perused the record carefully.