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Judgment
Mr. Justice H.G. Ramesh
There is a delay of 42 days in filing the appeal. Misc. Cvl. 52594/2011 is filed for condonation of the delay. However, in the interest of justice, I have heard the learned counsel for the appellant on the merits of the appeal and perused the impugned judgment. This appeal by the United India Insurance Co. Ltd. is directed against the judgment and award dated 03.12.2010 passed by the Motor Accidents Claims Tribunal & Fast Track Court-I/II, Bijapur, in MVC No. 1068/2006. By the impugned judgment, the Tribunal has awarded a compensation 1,80,000/- to respondent nos. 1 & 2/claimants with interest @ 6% p.a. for the death of one Tanveer in a motor vehicle accident that occurred on 21.09.2004 involving a Maruti Car bearing No. MH-03-H-2044.
The sole contention urged by the learned counsel for the appellant-Insurance Company is that the aforesaid vehicle was not involved in the accident at all.
Admittedly the appellant-Insurance Company had not summoned the owner of the Car i.e., the insured to prove that the vehicle had not been involved in the accident. A perusal of para 8 of the impugned judgment would show that the Tribunal, on a detailed consideration of the oral and documentary evidence on record, has held that the insured car was involved in the accident. It is not in dispute that the complaint was filed on the same day of the accident. Hence, I find no legal infirmity in the impugned judgment to warrant interference in appeal. No ground to admit the appeal. The appeal is accordingly dismissed.
In view of dismissal of the appeal, Misc. Cvl. 152594/2011 filed for condonation of the delay and Misc. Cvl. 152595/2011 filed for interim stay also stand dismissed.
The amount lying in deposit with this Court shall be transferred to the Motor Accidents Claims Tribunal forthwith. Appeal dismissed.