SAUMITRA DAYAL SINGH,J. - (1.) This appeal has been filed by the insurer of a Matador motor vehicle bearing registration no. DID-1623. It was involved in an accident on 7.6.1996 with another vehicle bearing registration no. UHS-8245 insured by another insurer M/s United India Insurance Company Ltd. (respondent No. 3).
(2.) The aforesaid accident gave rise to the claim petition by the injured Tahir. The Tribunal framed the following issues:- "1. Whether the accident took place on 07.06.1996 at 12:30 a.m. near village Ghosipura, Muzaffarnagar-Meerut road due to rash and negligent driving of vehicle no. UHS - 8245? 2. Whether the driver of vehicle no. DID-1623 is liable for contributory negligence? If so, its effect? 3. Whether the petition is bad for misjoinder of necessary parties 4. To what amount of compensation, if any the claimant is entitled and from whom?"
(3.) On issue Nos. 1 and 2, the Tribunal recorded its finding as under:- "Issue No. 1 In order to prove the aforesaid version the petitioner has examined himself as P.W. 1 and has supported the petition's version. This witness has been put to cross examined at length but nothing has come out against him. Apart it the petitioner has also filed certified copy of F.I.R., certified copy of the charge-sheet, certified copy of site-plan, Discharge-Card from L.L.R.M. Medical College, Meerut, two in number, O.P.D. of Safdarjang Hospital, New Delhi, O.P.D. of Sanjay Gandhi Memorial Hospital, Mangolpuri, New Delhi, still curiously enough the O.Ps. have produced any evidence against it. Consequently, in my opinion, the petitioner has been able to prove this issue and this issue is decided accordingly. Issue No. 2 The burden to prove this issue was on the opposite parties, but the O.Ps. have neither adduced any oral evidence have advanced any argument on this point. Hence this issue is decided as pressed.";