NATIONAL INSURANCE COMPANY LIMITED Vs. RAMESH CHAND

JUDGEMENT

(1.) Appellant has filed this appeal challenging the award dated 26.03.2007 passed by the Motor Accident Claim Tribunal, whereby, claim petition filed by respondents No. 1 and 2 was allowed.

(2.) Learned counsel for the appellant has submitted that the claim petition filed by the respondents No. 1 and 2 seeking compensation on account of death of their five year old daughter in a motor accident, was liable to be dismissed as the claimants had failed to prove their case. FIR was got registered by respondent No. 1, wherein, he has alleged that he had witnessed the occurrence and had stated that the accident had occurred on account of rash and negligent driving of Bablu. However, in the claim petition, PW-2 Durgesh Kumar has been examined as an eye witness of the occurrence, whereas, respondent No. 1 has stated that his daughter had been brought to him in an injured condition by his brother Jagdish and he had told him that she had been hit by a Motorcycle. So far as Duresh Kumar is concerned, in the criminal case, he had alleged that the motorcycle which was not bearing any number, was being driven by Bablu. In the criminal case, statement of Jagdish was recorded under Section 161 of Code of Criminal Procedure, 1973. It was alleged by the said witness that he had witnessed the accident caused by Bablu while driving the unnumbered motorcycle. However, the said person has not been examined before the Tribunal as a witness.

(3.) Learned counsel for respondents No. 1 and 2 has opposed the appeal and has submitted that the accident had occurred on account of rash and negligent driving of respondent No. 3 while driving the offending vehicle and the claimants had been successful in proving the said fact.