Rajes Kumar, J.— Heard Sri Rahul Sahai, learned counsel for the appellant. This is an Appeal by the Insurer of a Maruti Car, bearing registration no. UP-50-B-1400, which was involved in the accident, against the order of the Motor Accident Claims Tribunal, Azamgarh, dated 12th December, 2012 by which the Tribunal has awarded a compensation to the tune of Rs.4,27,284/= to the claimant. It was claimed by the claimant that on 8.2.2011, when he was driving the aforesaid Maruti Car and was going from Varanasi to Azamgarh in order to save a cyclist, the vehicle gone out of control and collided with a tree and subsequently fallen in a valley (Khai) causing injuries to him in the nature of fracture in both the legs and other passengers traveling in the said Car. In support of the claim of occurrence of the accident, one Kailash Singh, an independent eye witness, was examined, who stated that the accident occurred by the Maruti car on 8.2.2011 at about 06:30 AM. The claimant claimed that he was a driver and due to the injuries caused in the accident, he is suffering from Paraperesis and his both the legs weakened as a result of which he is not in a position to carry on his job. In support of the claim, a medical certificate issued by the Medical Board has been filed wherein it has been certified that the claimant was suffering from Paraperesis (weakness in both the lower limbs) and accordingly disability to the extent of 56% has been certified. To prove the genuineness of the certificate, the Clerk of the office of the Chief Medical Officer has been examined. The Tribunal estimated the monthly income at Rs.3,000/= and annual income at Rs.36,000/= and having regard to the 56% disability assessed the loss of annual income at Rs.20160/= and after applying the multiple of 16 times estimated the loss of total annual income at Rs.3,22,560/=. The Tribunal awarded Rs.84,688/=towards expenses incurred into treatment and an amount of Rs.20,000/= towards other expenses incurred during the course of the medical treatment. Thus, in all a total amount of Rs.4,27,284/= has been awarded by the Tribunal towards compensation. The Tribunal awarded Rs.84,688/=towards expenses incurred into treatment and an amount of Rs.20,000/= towards other expenses incurred during the course of the medical treatment. Thus, in all a total amount of Rs.4,27,284/= has been awarded by the Tribunal towards compensation. Learned counsel for the appellant submitted that according to the claimant, the accident occurred on 8.2.2011 whereas the written intimation with regard to accident has been lodged with the Police on 14.9.2011 and no First Information Report has been lodged. Thus, involvement of the vehicle in the accident appears to be doubtful. He further submitted that assessment of 56% disability is without any basis. The only disability found by the medical board is weakness in both the lower limbs and no other basis has been given for assessing the disability to the extent of 56%. I have considered rival submissions and perused the impugned order. In the case in hand, the claimant, who was driving the vehicle, and the persons sitting in the vehicle have received injuries, therefore, in case if the First Information Report has not been lodged and only a written intimation has been given on 14.9.2011 to the Police cannot be a ground to doubt occurrence of the accident and it cannot be doubted that the vehicle was not involved in the accident. The claimant as well as eye witness, one Kailash Singh, were examined before the Tribunal. Kailash Singh, an independent eye witness, has clearly stated that the accident by the said Car has occurred on 8.2.2011 at about 06:30 A.M. when the vehicle was going towards Azamgarh and in order to save a cyclist, the Maruti Car gone out of control and after colliding with a tree fallen down in the valley (Khai), which caused injuries to the driver and the passengers traveling in the said car. The injured persons were taken to the medical centre, Tikargarh. He further stated that the legs of the driver and the passengers were fractured. He categorically stated that the accident occurred before him. Said witness has been examined by the appellant also and nothing adverse has been stated by him. Therefore, the contention of the appellant that the involvement of the vehicle was doubtful cannot be accepted. He further stated that the legs of the driver and the passengers were fractured. He categorically stated that the accident occurred before him. Said witness has been examined by the appellant also and nothing adverse has been stated by him. Therefore, the contention of the appellant that the involvement of the vehicle was doubtful cannot be accepted. So far as the contention of the appellant with regard to doubting disability to the extent of 56% is concerned, from perusal of the medical certificate, it is revealed that due to accident, the claimant is suffering from Paraperesis (weakness in both lower limbs) and, therefore, the medical board has assessed disability to the extent of 56%. The medical certificate has also been proved by the claimant by producing the Clerk of the Office of the Chief Medical Officer and as such the initial burden has been discharged by the claimant by proving the genuiness and correctness of the medical certificate and thereafter it was open to the appellant to call upon the Doctors of the Medical Board for examination in respect of the contents of the medical certificate, which the appellant failed to do. In the facts and circumstances, I do not find any reason to disbelieve the contents of the medical certificate wherein 56% disability has been assessed by the Medical Board. In the facts and circumstances, I do not find any merit in the Appeal. In the result, the Appeal fails and is dismissed. The office is directed to remit back the statutory amount deposited to the concerned Tribunal within four weeks. The appellant is directed to deposit the entire amount of compensation in the Tribunal within two months from today and the Tribunal is directed to release the entire amount of compensation to the claimant within a month thereafter. Any amount already deposited by the appellant shall be given due adjustment _____________