UNION OF INDIA Vs. ZAREENA BEGUM

JUDGEMENT

(1.) THIS appeal is against an award made and published by Motor Accident Claims Tribunal, Ramban, whereby and under the liability for payment of compensation was assessed at Rs. 18, 07,000.

(2.) BEFORE the Tribunal, it was contended by the appellants that in respect of the accident, which resulted in the claim being lodged, vehicle no. 95 -D/103987K had no connection. In order to support the said defence, the driver of the said vehicle deposed on behalf of the appellants. He stated that he had taken the said vehicle from Udhampur to Srinagar on March 29,2001 and while doing so, reached Banihal at 1 p.m. He stated that the vehicle was not involved in any accident. This evidence has not been accepted by the Tribunal, in view of the fact that in the First Information Report lodged at 4 p.m. on March 31, 2001, it was reported that the said vehicle was involved in the accident and the said accident took place at Banihal at 1 p.m. on March 29, 2001 and that witnesses appearing in support of the claimants orally deposed that the said vehicle was involved in the accident. The state of evidence suggests, while cross examining the claimants witnesses, it was not suggested that the number of said vehicle was deliberately inserted in the First Information Report. On the other hand, the witnesses for the claimant gave evidence that the driver of the vehicle fled away from the spot of accident with the vehicle.

(3.) IN such circumstances, it would not be appropriate on the part of this Court to interfere with the finding of the Tribunal that the said vehicle was involved with the accident.