Rajesh Bindal, J. - (1.) In this appeal filed by the Insurance Company, challenge is to the award of the Motor Accident Claims Tribunal, Ambala (for short, 'the Tribunal') whereby on account of death of their son, aged 28 years, old parents have been granted a sum of Rs. 98,000/- as compensation.
(2.) Learned Counsel for the appellant contended that the case in hand is a story concocted just for the purpose of claiming compensation on account of death of Mohan Lal as the accident had not taken place with the vehicle in question. The Tribunal, while considering these very submissions made by the Insurance Company, on the basis of the evidence on record, had held that keeping in view the evidence of Head Constable, Raj Kumar (P.W. 2), contents of the F.I.R. and order Ext. P. 69/A, involvement of the motorcycle in question was proved beyond doubt. As in rebuttal, the appellant did not lead any evidence to dislodge the claim made by the respondent-claimants and the motorcycle in question was admittedly insured with the appellant-company and accordingly, it was made liable to pay the compensation, Keeping in view this evidence on record, the contention of learned Counsel for the appellant, to the effect that motorcycle owned by brother of the deceased was planted in the accident as otherwise the same was not involved, cannot be accepted. As after the F.I.R. registered, the motor cycle in question was also impounded and was later on released on superdari to its real owner, namely, Mohan Lal.
(3.) Accordingly, I do not find any merit in the present appeal. Dismissed. Appeal dismissed.;