Atul Jain, J. - (1.) In this appeal filed by New India Assurance Co. Ltd. against the award dated 3.8.2013 passed in Motor Accident Claim No.128/2009 (421/2011), it has been argued by the learned counsel for the appellant that the Tribunal has passed an award of Rs. 10,89,000/- in favour of claimants/respondents but identity of vehicle involved in the accident was not duly proved and it has also been argued that the Tribunal has blindly relied upon the statement of Pawan Kumar the alleged eye witness, who has later on in criminal case given a different statement on 13.11.2013. Copy of the statement of the criminal case has been taken on record.
(2.) I have heard learned counsel for both the parties. I have also perused the following judgments relied upon by the learned counsel for the respondents. (1) N.K.V. Gros. (P) Ltd. v. M. Karumal Ammal and Ors. 1980(3) SCC 457
(3.) In this case, it was held that the Motor Accident Claim Tribunal should not succumb to niceties, technicalities and mystic maybes. (2) United India Insurance Company Ltd. v. Aamna Khatun and Ors. - 2013(3) DNJ (Raj.) 1080 ;