ORDER

This common order shall govern the disposal of M.A.No.1414 of 2016 (The New India Assurance Company Ltd. Vs. Smt. Gokul and Others) and M.A.No.1404 of 2016 (The New India Assurance Company Ltd. Vs. Smt. Sarla Jain and Others). Both the appeals have been filed under Section 173(1)/173 of the Motor Vehicle Act, arising out of common award dated 04.04.2016 passed by Member Motor Accident Claims Tribunal, Bhopal, in MCC Nos.2066/2014 & 2064/2014 seeking setting aside impugned award/exonerating from liability to pay the compensation.

2. Learned counsel for the appellant/Insurance company in MA No.1414/2016 and 1404/2016 submits that in FIR, no number/name of offending vehicle is mentioned. It is also urged that recovery of offending vehicle has been effected after two months of the incident. No independent witness has been examined by respondents/claimants. Therefore, from evidence on record, it is not established that offending vehicle was involved in the accident. Further, learned counsel for the appellant after referring to Section 128 of Motor Vehicle Act as well as Oriental Insurance Co.Ltd. Vs. Sudhakaran K.V. and Others, 2008(3) ACCD 1435 (SC) and United India Insurance Co