BRANCH MANAGER NATIONAL INSURANCE CO LTD PONDICHERRY Vs. DHANASEKARAN

JUDGEMENT

(1.) THIS appeal is filed by the Insurance company, challenging the award dated 10.07.2006 in M.C.O.P.No.103 of 2006 passed by the Motor Accident Claims Tribunal (Fast Track Court No.I), Tindivanam.

(2.) LEARNED counsel for the appellant contended that the present appeal is filed, challenging the finding arrived at by the Tribunal with regard to the involvement of the vehicle, namely, Maruti Van, bearing registration No.PY-01-M 6112 belonging to the 2nd respondent herein in the alleged accident that had occurred on 27.04.2001 at about 5.30 AM.

(3.) PER contra, the learned counsel for the 1st respondent/ claimant contended that immediately after the accident, the victim was taken to the hospital and hence, he was not in a position to note down the vehicle number after getting discharged from the hospital, on 15.06.2001 he visited the accident spot and enquired about the number of the vehicle and he got the same from P.W.2 and thereafter, he lodged the complaint initially, the owner of the vehicle remained ex parte and after effecting paper publication, she had entered appearance and adduced evidence as against the claimant by colluding with the insurance company had the vehicle not been involved in the accident, it is the duty of the insurance company to prove their case by producing necessary evidence oral and documentary that the vehicle was not involved in the accident and that the evidence of R.W.1 cannot be relied upon. Thus, the learned counsel for the 1st respondent contended that the award passed by the Tribunal cannot be interfered with and he prays for the confirmation of the award.