1. - This appeal Under Section 173 of the Motor Vehicles Act, 1988 has been filed against the judgment and award dated 22.5.2002 passed by Judge, MACT, Tonk in Claim Case No. 440/2001 (6/95) whereby the Insurance Company has been held liable to pay the compensation.

2. The short facts giving rise to this appeal are that on 9.9.1994, deceased Kanhaiyalal was going on road to call veterinary doctor at about 10.00 PM, truck No. Rs. 2631 came and hit him and he died due to the accident. FIR No. 119/94 was lodged. The claimants preferred a claim petition was allowed hence this appeal.

3. The contention of the appellant is that impugned vehicle has been falsely involved in the accident, in FIR it has been specifically narrated that the accident has occurred by unknown vehicle and impugned vehicle has been falsely involved afterward by way of application Ex.4 two eye-witnesses have been stated out of which Kalyan had not been examined and Bhairu Singh has stated specifically in his cross-examination that he has not seen the number of the truck, hence involvement of the vehicle was not proved before the court below. Further contention of the Insurance Company is that the driver of t