- (1.) C.M. No. 29912-CII of 2012 1. Heard. The application is allowed. F.A.O. No. 5482 of 2012 The insurance company aggrieved by the liability fixed on it holding that the vehicle bearing registration No. HR26-AS-6977 was involved in the accident preferred the present appeal.
(2.) Pw 3 Baijnath was returning to his house alongwith her daughter Lakshmi aged 7 years at about 5.00 p.m. on the fateful day on 6.11.2010. It was alleged in the claim petition that a tractor bearing registration No. HR26-AS-6977 which came from behind driven by its driver dashed against the minor girl and as a result of which she sustained injuries and succumbed to the same.
(3.) The Tribunal having adverted to the evidence of PW 3 Baijnath, the father of deceased Lakshmi and the first informant in this case held that in fact the vehicle bearing registration No. HR26-AS-6977 was involved in the accident and that the accident took place on account of the rash and negligent driving of the driver of the said vehicle. The Tribunal also took note of Ex. P5 the mechanical inspection report of the tractor which was subjected to examination and observed that the engine number and chasis number noted in the mechanical inspection report did tally with the engine and chasis number of the offending vehicle. Having thus observed, the Tribunal held, inspite of the fact that a different number was furnished in the first information report, that the vehicle bearing registration No. HR26-AS-6977 was involved in the accident.;