Court No. - 24
Case :- FIRST APPEAL FROM ORDER No. - 1487 of 2000 Appellant :- United India Insurance Co. Ltd., Ald.
Respondent :- Smt. Anita And Others Counsel for Appellant :- S.K.Mehrotra Counsel for Respondent :- Amit Saxena,Ranjeet Saxena
Hon'ble Saral Srivastava,J.
Heard Sri S.K. Mehrotra, learned counsel for the appellant and Sri Amit Saxena, learned counsel for the respondents.
The present appeal is directed against the judgment and award dated 29.07.2000 passed by the District Judge, Banda, whereby the Tribunal has awarded Rs.3,13,000/- along-with 12% interest as compensation.
While challenging the award, learned counsel for the appellant has contended that the finding of the Tribunal that Farzand Ali was driving the truck at the time of the accident is illegal and against the record. He submits that the claimants in the claim petition stated that the truck was driven by one Gulzar at the time of the accident. Thus, in order to avoid the liability the owner of the truck has set- up a false case that the truck was driven by Farzand Ali and not by Gulzar at the time of the accident.
I have heard learned counsel for the appellant and perused the record.
The Tribunal while deciding the issue no. 2 with regard to driving license has considered the testimony of PW-1 and PW-2 Bala Prasad an eye witnesses of the accident who had stated that he had not seen the face of the driver of the truck at the time of the accident and, therefore, he could not recognize as to who was driven the vehicle at the time of the accident. The Tribunal has relied upon the statement of Farzand Ali who had stated that he was the owner of the truck and truck was driven by Farzand s/o Mohd. Ishak at the time of the accident.
The insurance company did not rebut the testimony of Farzand Ali O.P. no. 1 in this regard. Since the insurance company did not dispute the testimony of Farzand Ali, the finding of the Tribunal holding that the truck was driven at the time of accident by Farzand Ali cannot be said to be against the record.
Thus, for the reasons given above, the appeal lacks merit and is hereby dismissed. There shall be no order as to costs.
Order Date :- 13.9.2018 Ishan