Suresh Kait, J. (Oral)

1. Present appeal is preferred against the impugned award dated 11.07.2006, whereby the learned Tribunal has granted compensation for a sum of Rs.9,26,415/- with interest at the rate of 6% per annum in favour of the respondents/claimants from the date of filing of the claim petition, i.e., 19.02.1996 till realization of the amount.

2. The present appeal is filed by the appellant/Insurance Company only on the ground that the negligence has not been proved by the claimant, despite, the learned Tribunal has awarded compensation.

3. Learned counsel appearing on behalf of the appellant/Insurance Company submitted that the claimant had not examined any eye witness to prove negligence on the part of respondent No.3, i.e., driver of the offending vehicle. Although FIR No.603/95 was registered against the said respondent No.3 at P.S. Singhani Gate, Ghaziabad and thereafter a chargesheet was filed for offences punishable under Sections 279/304-A of the Indian Penal Code (hereinafter referred to as ‘IPC’), however, the learned Judicial Magistrate vide judgment dated 30.07.2003 acquitted the respondent No.3 on the ground that the eye witness had not seen the drive