JUDGMENT :

1. The First Appeal is by the Insurance Company challenging the judgment dated 19.07.2006 by Motor Accident Claims Tribunal, Court No.10, Ahmedabad in M.A.C.P. No.225 of 2002. While the Cross Objection No.164 of 2009 is by the claimants praying for enhancement of the compensation amount.

2. Mr. Palak Thakkar, learned advocate for the Insurance Company submitted that the F.I.R. and panchnama does not reflect the vehicle number involved in the accident, and suddenly one witness, Paras Shukla, claimed to be the eye witness to the incident, had informed the D.S.P. of the incident only on 03.12.2001, for the F.I.R., which had been filed on 26.10.2001. Mr. Thakkar, thus, stated that the witness cannot be believed.

2.1 Advocate Mr. Thakkar, stated that in the cross examination the witness has admitted that he has read about the incident in the newspaper on the next day, and the witness has not stated that as to how he came to know about the address of the family of the deceased, and he had not informed about the accident to any of the employee in his department of having noted the vehicle number, so as alleged to be involved in the incident. Mr. Thakkar submitted that the witne