K.Kannan, J.

1. I. The cases, parties and their versions

The Insurance Company which denies the accident is in appeal before this Court. The appeal by the Insurance Company is in FAO No.3448 of 2006 and the claim for enhancement of award is in FAO No.3143 of 2006.

(a) Claimants version

2. The representatives of the deceased Malvinder Singh filed the case contending that Malvinder Singh, who was a Lambardar, was going in his scooter on 01.04.2003 when Toyata Qualis vehicle owned by the 2nd respondent, hit against the deceased that resulted in his death. The complaint which had been given on the same day on the basis of which, FIR had been recorded made reference merely to an unknown vehicle as having caused the accident and requested the police to undertake the investigation. An additional statement was said to have been taken on 18.06.2003 on the basis of which the driver was arrested and the vehicle was seized. The registration of the complaint by police against the insureds vehicle was taken as the basis for proving that the vehicle had been involved.

(b) Evidence tendered

3. At the trial, the evidence had been given through witnesses amongst whom one Kuldip Singh was sai