- (1.) This appeal is filed by the Insurance Company challenging the award dated 17.5.2010 passed by Motor Accident Claims Tribunal (for short the Tribunal), Jalandhar, whereby compensation to the tune of Rs.3,90,000/- was granted to the claimants on account of death of Manoj Sharma.
(2.) Learned counsel for the appellant argued that the case of the claimant was that accident had taken place on the night between 28th and 29th June, 2008 when the deceased was hit by truck bearing No.PB-08K-7565 which was being driven in a rash and negligent manner by Sukhdev Singh, respondent No.7 herein. However, when the matter was reported to the police immediately after the accident, neither the number of the vehicle nor the name of the driver was given. It remained unexplained in the petition as to from where the number of the truck and name of the driver was obtained. This would mean that the truck number and the name of the driver were introduced later on, to claim compensation.
(3.) It was further contended on behalf of the appellant that according to the pleadings of the claimants, the occurrence was witnessed by Tarun Jit Singh, Deepak Kumar and Jarnail Singh. The driver had escaped from the spot with the truck. An army jeep had come there and those people informed the police and one Anil Kumar and the latter reached the spot after about 25 minutes. The police also came there. Learned counsel argued that it is very surprising that three eye witnesses were named who had seen the truck and the driver but the complainant in the FIR was Anil Kumar who arrived much later. In the FIR Ex.RB Anil Kumar told the police that some unknown vehicle had hit Manoj Sharma. It remained absolutely unexplained as to why any of the eye witnesses did not give the number of the vehicle and name of the driver either to Anil Kumar or to the police.;