FAO No.4203 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: 7.9.2006 United India Insurance Company Ltd. ...Appellant versus Awtar Singh and others ... Respondents CORAM:- Hon'ble Mr. Justice Uma Nath Singh. Hon'ble Mr.Justice Mahesh Grover. Present: Mr.Vinod Chaudhri, Advocate, for the appellant. UMA NATH SINGH, J. (ORAL) This FAO arises out of an award/judgment dated 4.5.2006 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Fatehabad, in Claim Petition No.56 of 18.8.2004, awarding a sum of Rs.1,06,500/- in an injury case, where the victim has suffered 22% permanent disability. Learned counsel, at the outset, informed the Court that the Insurance Company had been granted permission under Section 170 of the Motor Vehicles Act, 1988 (for short `the Act') to contest the case on merits. According to learned counsel, this is a case of collusion inasmuch as in the cross-examination of Lakhwinder Singh, pillion rider, it has come that the driver of the offending vehicle was known to him for the past several years. According to learned counsel, the FIR was lodged after an inordinate delay of 6 months. However, he admitted that the Insurance Company has been FAO No.4203 of 2006 2 granted recovery right. We have carefully perused the award and considered the submissions of learned counsel. We do not find any force in the submissions of learned counsel for the reason that the driver of the offending vehicle is facing criminal prosecution on a challan being put up against him by the police after investigation, though the FIR was lodged after 6 months. That apart, simply because there was a delay in lodging of the FIR, it does not mean that the offending vehicle was not involved in the accident. Accordingly, we do not find any merit in the appeal and it is dismissed in limine. ( UMA NATH SINGH ) JUDGE September 7, 2006 ( MAHESH GROVER ) pk JUDGE