NIA CO LTD Vs. INDRA DEVI

JUDGEMENT

(1.) HEARD learned counsel for the appellant-Insurance Company.

(2.) THIS appeal has been filed by the appellant- Insurance Company against the judgment and award dated 28.02.2012 whereby the learned M.A.C.T., Hanumangarh while deciding the Claim Case No.142/2010 has awarded compensation to the tune of Rs.3,91,000/- for the death of deceased Bhagwana Ram, who was the sole bread winner of family of appellants-claimants, under Section 163-A of the Motor Vehicle Act, 1988 (for short, hereinafter referred to as 'Act of 1988').

(3.) THEREFORE, the appellant- Insurance Company cannot take advantage of the alleged failure of the claimants to produce any evidence of the witness in this regard. It was for the Insurance Company to summon the only eye witness, namely, Beerbal Ram, who suffered injuries in the same accident. As against this, learned counsel for the appellant- Insurance Company relied upon the statements of NAW Nos. 1 and 2, who was the witnesses of the preparation of the site plan and the NAW.1 lodged FIR.