K. KANNAN, J.

1. The appeal is by the Insurance Company denying the liability for a claim arising out of death of a driver of a private vehicle that had been insured with the appellant. The claim had been made under Section 163-A of the MV Act on an averment that the vehicle had met with an accident, when the tractor belonging to the 2nd respondent before the Tribunal and driven by the 1st respondent capsized with the fodder that was being transported in the trolley attached to the tractor. The driver was alleged to have escaped from the spot and the fact of death was known to the brother-in-law of the deceased Inderpal Singh only the following day. He had made a complaint to the police making a reference about the fact that there was a tractor trolley with fodder spilt all around the spot of the accident where he found his brother-in-law dead. The police was reported to have recorded a statement from a person called Ranjit Singh, who was alleged to have borne personal witness to the accident, when he was passing by that way. He was also examined as AW1 before the Tribunal.

2. As regards the factum of the accident involving the tractor, the driver of the tractor himself ga