ATTAU RAHMAN MASOODI, J. - (1.) Heard Sri R.C. Sharma learned counsel for the appellant, Sri Mukesh Singh learned counsel who has put in appearance on behalf of respondent nos. 1 to 3. None for respondent nos. 4 and 5 despite service being sufficient.
(2.) The motor accident which took place on 29.6.2000 was not reported to the police nor the unknown vehicle which allegedly caused the accident was taken into custody by the police and there is no police report in the instant case. The deceased late Shakuntala died on the same very day in the hospital when the accident is alleged to have taken place. A claim petition was filed by the husband of the deceased nearly after six months joining with his two minor children as claimants wherein the appellant(insurer) was impleaded as defendant no. 1 whereas the owner and driver of the vehicle were also impleaded as defendant nos. 2 and 3 respectively.
(3.) Para 23 of the claim petition filed before the tribunal has disclosed the number of offending vehicle(Jeep) as U.P.42/1208 which allegedly was driven rashly by the driver and caused the accident. The claimant was not an eye-witness to the accident, as such, the description of the vehicle as well as rash driving by the driver was based on hearsay information. The insurer and other defendants duly filed their written statements. The insurer in his written statement disputed the alleged vehicle being involved in the accident. The owner of the vehicle also denied involvement of the vehicle in the accident besides denying Shri Mustafa Haider to be the driver at the time of accident. The driver in the written statement filed before the tribunal has admitted the accident in his written statement.;