JUDGMENT

Learned counsel for the appellant submitted that the Motor Accident Claims Tribunal, Bharatpur vide impugned award dated 31st August, 2021 has wrongly decided issue No.1 against the Insurance Company.

Learned counsel submitted that the sole eye witness of the incident i.e. Kumar Singh had given different version before the Police Authorities and in the criminal trial as well as his statements recorded during the claim petition.

Learned counsel further submitted that the alleged incident, which is said to be caused by the vehicle insured by the appellant- Insurance Company, was not involved at all.

Issue notice of the appeal as well as stay application to the respondents, returnable within six weeks. Notices be given 'dasti', if prayed.

In the meantime, appellant is directed to deposit the award amount within a period of six weeks. On depositing the said award amount, the execution proceedings of the award shall remain stayed.

The Tribunal, after deposit of the award amount by the appellant-Insurance Company, will disburse 25% amount to the claimant-respondent No.1-wife of the deceased and 25% amount to the claimant-respondent No.4-mother of the deceased, in their Savings Bank Ac