BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. MUNNIDEVI

JUDGEMENT

(1.) THIS appeal has been preferred by the Insurance Company against the award dated 31/8/2009 passed by Additional Member, Motor Accident Claims Tribunal, Nowgaon, Distt.Chhatarpur in Claim Case No.32/2009 whereby for the death of Babulal Ahirwar compensation to the tune of L5,19,000/ - has been awarded.

(2.) IN the present appeal involvement of the vehicle has only been questioned by the Insurance Company, inter -alia, contending that the testimony of eye witness Munnalal Ahirwar (AW -3) cannot be said to be credible to prove the accident because his statement was recorded by the police after more than five months. In such circumstances, the Claims Tribunal committed an error to award compensation on found involvement of the motorcycle bearing registration No. M.P. 16 -M.A./4012, however, it is urged that the appeal may be allowed and the impugned order may be set aside.

(3.) PER contra, Shri B.J. Chouresia, learned counsel for 2 respondents 1 to 4/claimants, has urged that the Claims Tribunal has rightly disbelieved the testimony of wife of the deceased namely Smt. Munni Devi as she was not the eye witness of the incident while in the challan papers also Munnalal Ahirwar was shown as eye witness and he has deposed before the Claims Tribunal narrating the story in the manner in which the accident was taken place. The explanation of delay to record his statement is available on record thereby it is clear that he went to Delhi immediately and after coming back from there, his statement was recorded by Police. In such circumstances, credibility of the statement of eye witness Munnalal Ahirwar (AW -3) cannot be doubted and the Claims Tribunal has rightly believed the statement of the said eye witness while passing the impugned award. On the point of compensation, it is urged that the Tribunal has rightly awarded the compensation in the facts and circumstances of the case.