NEW INDIA ASSURANCE CO LTD Vs. BIMLA

JUDGEMENT

(1.) This appeal arises from the judgment of the learned Motor Accidents Claims Tribunal, Gurgaon (hereinafter referred to as 'the Tribunal') in MACT Case No. 268 of 1994. The claim petition was filed by respondent Nos. 1 to 5 claiming compensation on account of death of Ranjit Singh deceased who was the husband of respondent No. 1 and father of respondent Nos. 2 to 5. The accident took place on 21.1.1994. Deceased was going on foot and it is the allegation of the claimants-respondents that the vehicle owned by respondent No. 7 driven by respondent No. 6 and insured by the appellant, was involved in the accident. The contention of the respondent No. 7 and the appellant is that the vehicle was not involved in the accident at all.

(2.) Before the Tribunal, the claimantsrespondents examined Bimla, widow of Ranjit as PW 1 and Daya Ram, son of Ganpat as PW 2. Respondents examined Randhir Singh, VRK No. 91 of S.P. Office, Gurgaon.

(3.) The Tribunal allowed the claim petition and awarded Rs, 3,51,000 to be payable by the appellant and respondent Nos. 6 and 7.