court that in consequence of which, deceased Bhagwan fell down from running auto-rickshaw and sustained head injury. He has further explained that owner and driver of said jeep are from his village and because of their fear, he did not report the incident to the police. However, he had disclosed the said incident to the claimant Santosh. Learned counsel submits that after due investigation, police has submitted charge sheet against driver of said jeep and the involvement of the vehicle jeep in the accident is thus proved by the claimants. Learned counsel submits that looking to the head injury, as described in postmortem Exh.37, sustained by deceased Bhagwan, the said injury is not possible by fall on road from running auto-rickshaw and the same is possible only if dash is given to autorickshaw by some other vehicle. The said injury, as described in the postmortem, is also not possible by fall of the deceased on his own. Learned counsel submits that the appellant insurer has not examined any witness to substantiate its defence. The driver of the jeep is also not examined. Learned counsel submits that the Tribunal has therefore, rightly fastened the liability on the appellant-insurer alongwith respondent No.1 owner to pay compensation jointly and severally to the claimants. No interference is required. There is no substance in the appeal.
