- (1.) Heard learned counsel for the parties and the perused the judgment and order impugned.
(2.) This First Appeal From Order has been filed under section 173 of Motor Vehicle Act, 1988 ( hereinafter referred to 'Act, 1988') by New India Assurance Company, being aggrieved by judgment and award dated 3.5.2007 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.5, Bijnor whereby compensation of Rs.2,10,000/- was granted with 6% rate of interest.
(3.) The injured claimants who was aged 30 years was driving the motorcycle bearing No. UP-07 L-9690. On 15.7.2006, the accident according to the claimants occurred at about 7:00 p.m. A FIR under Section 279 read with 337 and 387 of IPC was registered as Case Crime No. 24 of 2006. The police started its investigation and filed a final report reporting that max cab no. UP-07 E-5379 was not involved in the accident. The claimant filed a claim petition which was registered by the Insurance Company. The respondent also filed his reply that his vehicle was not involved in the accident rather it was contended that motorcycle slipped in front of the vehicle which is alleged to be involved in the accident and that is why the police filed final report. The insurance company also took similar stands . The witnesses opined that the tanker came from the opposite side came on the wrong side and dashed with the vehicle driven by the claimant. The Tribunal believed the oral testimony of these witness and held that the accident occurred due to the negligence of the driver of the tanker.;