JUDGEMENT
Jitendra Chauhan, J. -
(1.) THE present appeal has been filed by the Insurance Company, assailing the impugned Award dated 1.3.1997, passed by the learned Motor Accident Claims Tribunal, Hisar (in short 'the Tribunal'), vide which, a sum of Rs. 1,00,000, has been awarded to the respondent Nos. 1 and 2 -claimants and the appellants have been held liable to indemnify the award. Learned counsel for the appellant contends that the learned Tribunal has committed a grave error in awarding the compensation. The learned Tribunal did not appreciate the evidence on record. There is nothing on record except the bald statement of PW 2 -Narinder Kumar with regard to the alleged accident.
(2.) NONE appeared on behalf of the respondents, despite service. I have heard the learned counsel for the appellant and perused the case file.
4 -5. The learned Tribunal framed issue No. 1 "Whether the accident in question took place due to rash and negligent driving of truck No. HR -24/8851 by respondent No. 2? OPP". The statement of PW 2 Narinder Kumar went unrebutted before the learned tribunal. The driver of the offending truck never appeared in the witness box to deny the accident. An FIR was also lodged regarding the said accident. The learned Tribunal held the driver of the offending truck liable for causing the accident. The learned counsel has not mentioned to any evidence or circumstance in favour of the appellant, which was not considered by the learned Tribunal. This Court does not want to substitute the probable view with a possible view.
6. In view of the above, this Court finds no merit in the present appeal. As such, the instant appeal is dismissed. The statutory amount, if any, deposited by the appellant at the time of filing the appeal be send to the Tribunal for disbursement to the claimants.
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