1 FA No. 485 of 2000 hvn IN THE HIGH COURT OF JUDICAUTRE AT BOMBAY CIVIL APPELALTE JURISDICTION FIRST APPEAL NO. 485 OF 2000 Bhimrao Machhindra Choure and Ors. ... Appellants Versus Shri. Sikandar Yusuf Inamdar and Ors. ... Respondents Mr. S. Mohd. Hussain i/by Mr. S.D. Dharmadhikari for the appellants. Mr. S.R. Singh for respondent no. 3. CORAM : SMT.R.P. SONDURBALDOTA, J. DATED : APRIL 05, 2011 1. The appellants are husband and children of one Suman who died in a motor vehicle accident. They had filed an application seeking compensation in the sum of Rs.1,00,000/­ from the respondents on account of death of Suman. The application was contested by the owner as well as insurer. The owner contended in the written statement that his vehicle i.e. tractor MXW 630 was not involved in the accident at all. The tribunal on appreciation of the evidence held that appellants had failed to prove that tractor MXW 630 was involved in the accident and dismissed the claim petition. According to the Tribunal though the copy of the chargesheet produced by the 2 FA No. 485 of 2000 appellants disclosed the identity of the tractor it was necessary for the appellants to examine the Investigating Officer to prove the contents of the chargesheet. 2. Apparently at the time of registration of the FIR relating to the accident, the identity of the vehicle involved therein was not known. The identity came to be revealed during the course of investigation into the complaint by the police. However, as has been rightly pointed out by Mr. Dharmadhikari, the learned counsel for the appellant, since the chargesheet was taken on record, by consent of the respondents there is no need to examine the Investigating Officer to prove it's contents. It is not open for any of the respondents to challenge the contents of the complaint. Therefore, the finding given by the Tribunal cannot be sustained. Despite the finding the Tribunal has calculated the compensation payable to the appellants for death of Suman in the accident as Rs.1,00,000/­. There is no challenge to the quantum ordered. In the circumstances, the appeal is allowed. The impugned judgment and order is set aside. The Motor Accident Claim Petition No. 225 of 1993 is allowed. Respondent nos. 2 and 3 are directed to pay jointly and severally compensation of Rs. 1 lac. to the appellants inclusive of the amount of Rs. 25,000/­ for the no fault liability. The 3 FA No. 485 of 2000 respondent nos. 2 and 3 shall pay interest at the rate of 10% p.a. from the date of the petition till realization. (SMT.R.P. SONDURBALDOTA,J.)